1 CGHC010326812026 2026:CGHC:37824 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7857 of 2026 Sanjay Shriwas S/o Bedram Shriwas Aged About 27 Years R/o- Sanjay Nagar, Ward No. 3, Police Station Akaltara, District- Janjgir-Champa (C.G.) (As Per Correct Details) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Akaltara, District- Janjgir-Champa (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sameer Singh, Advocate. For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer For Objector(s) : Mr. Manish Chandrakar, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/08/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 connection with Crime No. 398/2026 registered at Police Station Akaltara, District- Janjgir-Champa (C.G.) for the offence punishable under Sections 115(2), 296, 351(3) and 119(1) of BNS. 2. Case of the prosecution, in brief, is that on 09.07.2026 at about 6:30 PM, the complainant, Devanshu Baghel was returning home on his motorcycle and, while standing near the overbridge, was talking to his friend Monu Vishwakarma. At that time, the applicant/accused, Sanjay Shrivas, allegedly under the influence of alcohol, demanded money from the complainant for purchasing liquor. When the complainant refused, the applicant abused him in filthy language, threatened to kill him and assaulted him with fists and kicks, causing injuries to his left elbow, back and lip. On the basis of the complaint, Crime No. 398/2026 was registered at Police Station Akaltara, and after completion of investigation, the charge-sheet was filed on 27.07.2026. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the matter has already been compromised between the parties and the complainant has no objection, if the present applicant has been granted bail. He also submits that so far as the injury sustained by the injured is concerned, the injured sustained only simple injures on his person. The applicant is in jail since 09.07.2026, the applicant has 3 two criminal antecedents of the year 2018 and 2024 under the IPC, out of which, the case of 2018 has already been disposed of and case of 2024 is pending against the applicant, further the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. Learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant under the influence of alcohol, demanded money from the complainant for liquor and, upon refusal, abused him, threatened to kill him, and allegedly assaulted the injured with fists and kicks, causing injuries to his left elbow, back and lip. Therefore, the applicant is not entitled for grant of bail. 5. Learned counsel for the objector submits that the matter has already been compromised between the parties and the complainant has no objection, if the present applicant has been granted bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 09.07.2026, the fact that though the applicant under the influence of alcohol, demanded money from the complainant for 4 liquor and, upon refusal, abused him, threatened to kill him, and allegedly assaulted the injured with fists and kicks, causing injuries to his left elbow, back and lip, but considering the fact that the matter has already been compromised between the parties and the complainant has no objection, if the present applicant has been granted bail, so far as the injury sustained by the injured is concerned, the injured sustained only simple injures on his person, also considering the criminal antecedents of the applicant, which are two in number of the year 2018 and 2024, out of which, case of the year 2018 has already been disposed of, the charge- sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the application is allowed. 9. Let the Applicant-Sanjay Shriwas, involved in Crime No. 398/2026 registered at Police Station Akaltara, District- Janjgir- Champa (C.G.) for the offence punishable under Sections 115(2), 296, 351(3) and 119(1) of BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of 5 bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil