1 CGHC010299132026 2026:CGHC:34205 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7126 of 2026 1 - Aakash Yalam S/o Yalam Narsaiya Aged About 23 Years R/o Vangapalli P.S. Madded District Bijapur Chhattisgarh 2 - Rahul Yalam S/o Tulsiram Yalam Aged About 20 Years R/o Vangapalli P.S. Madded District Bijapur Chhattisgarh 3 - Jitendra Yalam S/o Yalam Chalpat Aged About 30 Years R/o Vangapalli P.S. Madded District Bijapur Chhattisgarh 4 - Sanjay Gilgichcha S/o Babu Aged About 45 Years R/o Vangapalli P.S. Madded District Bijapur Chhattisgarh ... Applicants versus State Of Chhattisgarh Through Police Station Madded, Bijapur Chhattisgarh ... Non-applicant For Applicants : Mr. Pravin Kumar Tulsyan, Advocate. For Non-Applicant : Ms. Anusha Naik, Dy. Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.08.2026 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 applicants who have been arrested in connection with Crime No. 09/2026 registered at Police Station - Madded District - VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.06 10:59:13 +0530 2 Bijapur (C.G.) for the offence punishable under Sections 190, 191(2), 191(3), 109 & 117(2) of the BNS. 2. Case of the prosecution, in brief, is that, the complainant Sunil Lambadi has lodged the F.I.R. against the unknow persons On 26.03.2026, the complainant Sunil Lambadi received a phone call from Vikas Kavati, informing him that he and Santosh Kavati were being assaulted by persons from Village Vangapalli. Upon receiving the information, the complainant, along with his brother Nitesh Lambadi and others, immediately reached the spot, where they allegedly found 20-25 persons assaulting Vikas Kavati and Santosh Kavati with sticks, fists, and kicks. When they attempted to intervene, they were also assaulted. Thereafter, Ajay Matti and Manoj intervened, and both injured persons were shifted to Madded Hospital for medical treatment. Police have arrested the co accused persons and on the basis of their memorandum statements arrested the present applicants and filed the charge sheet. 3. Learned Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that no incriminating article has been seized from the possession of the applicants and the alleged seizure of sticks has been made from the co-accused persons. It is also submitted that the names of the applicants do not find mention in the FIR and they have been implicated subsequently on the basis of the statements of the alleged eyewitnesses. Learned Counsel further submits that, as per the medical report, the victim has not sustained any serious or life- threatening injury and there is no injury which is likely to cause death. 3 It is also submitted that the applicants have not acted in the manner alleged by the prosecution and have been in judicial custody for a considerable period. Most importantly, learned Counsel submits that the matter has already been amicably settled between the parties and, therefore, no useful purpose would be served by keeping the applicants in further custody. The applicants are permanent residents of the address mentioned in the cause title, are not likely to abscond, and are ready to furnish adequate surety and abide by all the terms and conditions that may be imposed by this Court. On these grounds, learned Counsel prays that the applicants may kindly be enlarged on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and submits that the charge- sheet has already been filed before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicants, the fact that they have no criminal antecedents, and further considering that the charge-sheet has already been filed before the competent Court, that the applicants have been in jail since 27.03.2026, and also considering that the conclusion of the trial is likely to take considerable time, I am inclined to grant regular bail to the present applicants. 7. Let the Applicants - Aakash Yalam, Rahul Yalam, Jitendra Yalam & Sanjay Gilgichcha involved in Crime No. 09/2026 registered at Police Station - Madded District - Bijapur (C.G.) for the offence punishable 4 under Sections 190, 191(2), 191(3), 109 & 117(2) of the BNS, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice vaibhav