1 CGHC010227992026 2026:CGHC:36874 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.5354 of 2026 1 - Lakky Markandey S/o Shri Chhagan Lal Markandey Aged About 21 Years 2 - Gajendra Markande S/o Shri Ramdyal Markande Aged About 60 Years 3 - Gulshan Markandey S/o Shri Gajendra Markandey Aged About 30 Years 4 - Vijay Markandey S/o Shri Chhagan Lal Markandey Aged About 21 Years All are R/o Village Pachari, Thana Patewa, District Mahasamund (C.G.) Applicant (s) versus 1 - State Of Chhattisgarh Through- The Station House Officer Police Station Patewa Distt- Mahasamund (C.G.) Respondent(s) MCRC No.6589 of 2026 1 - Vinod Markandey S/o Shri Chhagan Lal Markandey Aged About 23 Years R/o Village- Pachari, Thana- Patewa, Distt.- Mahasamund (C.G.) Applicant (s) Versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station - Patewa, Distt.- Mahasamund (C.G.) Digitally signed by R NIRALA 2 Respondent(s) For Applicant (s) : Mr. Sunil Sahu, Advocate For Respondent(s) : Ms. Ritika Verma, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.08.2026 1. These are the first bail applications filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants, who have been arrested in connection with Crime No.68/2026, registered at Police Station Patewa, District Mahasamund (C.G. for the offence punishable under Sections 296, 115 (2), 351 (2), 109 (1), 221, 121 (1), 324 (3), 132, 191 (2), 191 (3) & 190 of BNS. 2. The case of the prosecution, in brief, is that the complainant Uttam Tiwari Constable of Police station Patewa lodged the report on 11.04.2026 against the applicants and others with the averment that he alongwith the other Police persons went to village Pachari for arresting the accused Vijay and Vinod in connection with Crime No. 37/2026 punishable under section 34 (2) of CG Excise Act at that time the applicants and others objected the arrest and started abusing the police party and also caused the injury by club, Iron rod, peace of bricks, hand and fist in the said incident complainant received the injury on head so on 3 the basis of the report thana Police registered the offences as mentioned above and arrested the applicants and others. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in crime in question. He further submitted that the police personnel firstly committed maarpeet with the applicants and during scuffle they received only simple injuries and in most of the previous criminal antecedents, the applicants have already been acquitted. He further submitted that the applicants are in jail since 11.04.2026 & 07.05.2026, charge sheet has already been filed and trial is likely to take quite long time for its conclusion, therefore, he prays that the applicants be released on regular bail. 4. On the other hand, learned State counsel opposes the bail application of the applicants and submits that the applicants assaulted the police personnel who had come to arrest the applicants and received injuries and there are various criminal antecedents against the applicants, therefore, they are not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused all the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegation and for the fact that the injuries sustained by the police personnel are simple in nature and further considering that the applicants are in jail since 11.04.2026 4 & 07.05.2026 and in most of the previous criminal antecedents the applicants have already been acquitted and conclusion of the trial is likely to take some time, therefore, without commenting anything on the merits of the case, I am inclined to allow this application. 7. Accordingly, the instant bail application of the applicant is allowed. 8. Let the Applicants – Lakky Markandey, Gajendra Markandey, Gulshan Markandey, Vijay Markandey and Vinod Markandey, involved in Crime No.68/2026, registered at Police Station Patewa, District Mahasamund (C.G. for the offence punishable under Sections 296, 115 (2), 351 (2), 109 (1), 221, 121 (1), 324 (3), 132, 191 (2), 191 (3) & 190 of BNS, be released on bail on each of them furnishing personal bond with two sureties 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 5 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Nirala