1 CGHC010299562026 2026:CGHC:34783 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7240 of 2026 Pakku Urf Vijay Singh Thakur Son Of Rajesh Singh Thakur, Aged About 21 Years R/o- Ganesh Nagar, Sirgitti, Thana- Sirgitti, District- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Sirgitti, District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Krishna Kumar Khatri, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/08/2026 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 connection with Crime No. 347/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sirgitti, District- Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 118(1), 3(5) of BNS and Sections 25 and 27 of the Arms Act. 2. Case of the prosecution, in brief, is that on 11.05.2026, the complainant, Sumit Khare, lodged an FIR at Police Station Sirgitti, District Bilaspur (C.G.), alleging that on 10.05.2026 at about 9:30 P.M, while he and his companion, K. Dikeshwar Rao, were returning after purchasing clothes from Good Looking Mens Wear near Nayapara Chowk, Anwari Basti Road, the applicant and other co-accused, owing to previous enmity, abused them in filthy language near a chaat stall. When they objected, the accused persons allegedly threatened to kill them and assaulted them with a sharp-edged weapon, fists, and kicks, causing injuries to the complainant's right wrist, thumb, and forehead, and to his companion's chest, right wrist, palm, and back. On the basis of the said report, Crime No. 347/2026 was registered against the applicant and the co-accused for the aforesaid offences, and during the course of investigation, the applicant was arrested. 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, only on the basis of previous enmity between the parties. He further submits that the applicant is in jail since 19.05.2026, the applicant has three criminal antecedents of the 3 year 2025 and 2026 under the BNS, which are under consideration, 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. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that owing to previous enmity, the applicant along with the co-accused, abused the complainant and his companion, threatened them with dire consequences, and assaulted them with a sharp-edged weapon, fists, and kicks, causing injuries to both victims, further the knife used in the commission of the offence was recovered at the instance of the applicant during the investigation. She also submits that in the MLC Report no definite opinion has been given by the Doctor. 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 and gravity of offence, period of detention of the applicant since 19.05.2026, the fact that though owing to previous enmity, the applicant along with the co-accused, assaulted the complainant and his companion with a sharp-edged weapon, fists and kicks after abusing and threatening them, causing injuries to both and during the investigation, the knife allegedly used in the 4 commission of the offence was recovered at the instance of the applicant, but considering the fact that as per the MLC report, no definite opinion has been expressed by the doctor regarding the nature of the injuries, also considering the criminal antecedents of the applicant, which are three in number, of the year 2025 and 2026 under the BNS, charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Pakku Urf Vijay Singh Thakur, involved in Crime No. 347/2026 registered at Police Station Sirgitti, District- Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 118(1), 3(5) of BNS and Sections 25 and 27 of the Arms Act, 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. (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. 5 (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. 9. 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