1 CGHC010323492026 2026:CGHC:37378 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7728 of 2026 Pahru Markandey S/o Dayalu Markande Aged About 25 Years R/o Village Kekrajbod Police Outpost Jalbandha, District- K C G. Chhattisgarh. ... Applicant Versus State Of Chhattisgarh Through The S H O. Police Station Khairagarh, District - K C G. Chhattisgarh. ... Respondent(s) For Applicant :Mr. Deependra Koshale, Advocate. For Non-applicant/State :Mr. Jitendra Shrivastava, G.A. HON'BLE MR. RAMESH SINHA, CHIEF JUSTICE ORDER ON BOARD 20.08.2026 1. This is the 1st bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the Applicant who has been arrested in connection with Crime No. 503/2024 registered at Police Station – Khairagarh, District- Khairagarh-Chhuikhadan-Gandai (C.G.), SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.08.20 17:43:53 +0530 2 for the offences under Sections 109 (1) and 3 (5) of BNS. 2. That, in brief, the prosecution case is as follows: On 24.12.2024, a programme for Guru Ghasidas Jayanti and Mandai was being held at Village Kekrajbod. During the night, a cultural programme was being conducted at the house of Gorelal. At about 3:00 a.m., at the place of occurrence, namely, at Daihan, Village Kekrajbod, beside Nemdas’s grocery shop, a dispute arose between the injured person, Jageshwar Chandel, and the applicant/co-accused Devvrat over the issue of smoking cigarettes and consuming gutkha. It is alleged that the applicant/accused took out a knife which he was carrying and, with the intention of causing the death of the injured person, stabbed him three times in the abdomen. It is further alleged that co-accused Devvrat assaulted the injured person with a bamboo stick with the intention of causing his death; co-accused Dayaludas restrained and held the injured person; and co-accused Rahul Kurre assaulted the injured person by kicking him. SOn the basis of the said incident, the Police registered a case against the applicant/accused and the co-accused persons under the aforesaid sections. The applicant/accused and the co- accused persons were arrested, and after completion of the investigation, the charge-sheet was filed before the 3 competent court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has already been filed upon completion of the investigation and that, out of 16 prosecution witnesses, only 8 witnesses have been examined so far. The applicant has no criminal antecedents and has remained in custody since 24.12.2024. Since the trial is likely to take considerable time to conclude, further incarceration of the applicant is not warranted. There is also no likelihood of the applicant absconding or tampering with the prosecution evidence. Hence, it is prayed that the applicant may kindly be released on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that charge-sheet has not been filed and the applicant has no criminal antecedents. 5. Considering the submissions advanced by learned counsel for the parties, the nature of the allegations, the period of pre- trial detention, the fact that the charge-sheet has not been filed, the fact that the applicant has no criminal antecedents, and the fact that the applicant has remained in custody since 24.12.2024 and, out of 16 prosecution witnesses, only 8 witnesses have been examined so far, this Court is of the 4 considered opinion that the trial is likely to take considerable time to conclude. Considering the overall facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the considered opinion that the applicant deserves to be enlarged on bail. Accordingly, the application is allowed. 6. Let Applicant- Pahru Markandey involved in Crime No. 503/2024 registered at Police Station – Khairagarh, District- Khairagarh-Chhuikhadan-Gandai (C.G.), for the offences under Sections 109 (1) and 3 (5) 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 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 5 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. 7. This Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of four months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Saurabh