1 2026:CGHC:1088 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 56 of 2026 Laxmiprasad Yadav @ Raja Yadav S/o Shri Chhotu Ram Yadav Aged About 27 Years R/o Village Pota, P.S. Malkharoda, District Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through S.H.O. P.S. Malkharoda, District Sakti (C.G.) ... Respondent For Applicant : Shri Ravindra Sharma, Advocate. For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/01/2026 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 connection with Crime No.165/2025 registered at Police Station Malkharoda, Dist- Sakti (C.G.) for the offence punishable under Section 109 (1) of BNS (307 of I.P.C.). 2. Case of the prosecution, in brief, is that Basant Kumar Kenwat lodged the complaint on 11.08.2025 stating that he is resident of Vill- Pota and GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.08 16:35:54 +0530 2 victim Omkumar Kenwat is his son who runs a shop near Canal at Vill- Kota, that at about 09:30 P.M. his son sent him to house and informed that he will come after closing the shop, that at about 11:00 P.M. the friend of his son Mukesh Karmveer and the younger son of the complainant Trilok Kenwant informed him that the applicant has caused the injury to the victim with intent to commit his murder, that after information they made search and they came to know that he has admitted at Malkharoda hospital for treatment where the complainant asked about the incident from the victim, and then he informed that the applicant was under suspicion that the victim is in illicit relationship with his wife and for that he has caused the injury to him with axe with intent to commit his murder, as a result he has received injury over right eye, left hand, ankle of left leg. Thereafter the complaint was registered. Thereafter the complaint was registered. On the complaint of the complainant Police Station Malkharoda, Dist- Sakti (C.G.) registered the Crime No. 165/2025 for the alleged offences punishable U/s 109(1) of BNS (307 of I.P.C.) and arrested the applicant on 11.08.2025, that after investigation the P.S. Malkharoda, Dist- Janjgir-Champa (C.G.) has filed the charge sheet before the Judicial Magistrate First Class Malkharoda, Dist- Sakti (C.G.) on 03.10.2025 for the offence punishable U/s 109 (1) of BNS. 3. It has been argued by learned counsel for the applicant that admittedly the FIR goes to show that the applicant suspected that the victim injured was having relationship with the wife of the applicant which caused annoyance to him and he has assaulted the victim with axe and the injured though received lacerated wound on his person. It is stated that he was admitted in the hospital for about 20 days. He would submit that the charge sheet has been filed in this case, the 3 applicant is in jail since 11/08/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, period of detention of the applicant since 11/08/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Laxmiprasad Yadav @ Raja Yadav, involved in Crime No.165/2025 registered at Police Station Malkharoda, Dist- Sakti (C.G.) for the offence punishable under Section 109 (1) of BNS (307 of I.P.C.), 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 bail and pass orders in accordance with law. 4 (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. 8. 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 gouri