1 CGHC010275392026 2026:CGHC:34781 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7245 of 2026 1 - Hirendra Tarun S/o Bir Singh Tarun Aged About 31 Years Res- Bhainsda, P.S. Nawagarh, Distt- Janjgir- Champa (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station Nawagarh, District- Janjgir- Champa (C.G.) ... Respondent(s) For Applicant(s) : Mr. Uttam Chand, Advocate For Respondent(s)/State : Mr. S.S. Baghel, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.08.2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail for the applicant, who is in judicial custody in connection with Crime No. 305/2025 registered at Police Station Nawagarh, District Janjgir- Champa (Chhattisgarh), for the offences punishable under Sections RUCHI YADAV Digitally signed by RUCHI YADAV 2 109(1), 331(8), and 238 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Earlier, the first bail application of the applicant was rejected on merits vide order dated 06.02.2026 passed in MCRC No. 524 of 2026. 3. The prosecution case, in brief, is that on 16.07.2025, at about 9:00– 10:00 p.m., the applicant, armed with a farsi (iron sickle), allegedly went to the house of the complainant's family situated at Village Bhainsda, Police Station Nawagarh, District Janjgir-Champa, owing to a pre-existing dispute regarding 33 dismil of land. It is alleged that the applicant struck the door with the farsi and threatened to kill Girdhar Lal Suryavanshi over the said land dispute. When Girdhar Lal Suryavanshi opened the door, the applicant allegedly entered the house and assaulted him with the farsi. During the incident, Anita Suryavanshi, wife of Girdhar Lal Suryavanshi, intervened to rescue her husband, whereupon the applicant allegedly dealt a blow with the farsi on her head, as a result of which she fell unconscious. Thereafter, the applicant allegedly fled from the spot. The injured Anita Suryavanshi was immediately taken to the hospital by her family members for medical treatment. It is further the case of the prosecution that, on the basis of a telephonic information received from the victim's husband, the report was lodged by the victim's brother-in-law, Dohardas, at Police Station Nawagarh on 17.07.2025, whereupon Crime No. 305/2025 was registered against the applicant for the offences punishable under Sections 109(1), 238 and 331(8) of the Bharatiya Nyaya Sanhita, 2023. During the course of investigation, the applicant was arrested on 18.07.2025. Pursuant to the memorandum statement of the applicant, the farsi allegedly used in the commission of the 3 offence was recovered from a pond, along with the blood-stained clothes allegedly worn by him at the time of the incident. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the FIR was lodged with a delay of one day without any satisfactory explanation, which is a matter to be appreciated during trial. It is further submitted that the applicant has been in judicial custody since 18.07.2025, the investigation has been completed and the charge-sheet has already been filed. Learned counsel further submits that, as per the trial status, out of 17 prosecution witnesses, 10 witnesses, including the injured witness, have already been examined, and the trial is likely to take considerable time to conclude. It is also submitted that the applicant has only one criminal antecedent which has already been compromised. Therefore, it is prayed that the applicant be enlarged on regular bail. 5. Learned State counsel opposes the bail application and submits that, considering the seriousness of the allegations and the material collected during investigation, no case for grant of regular bail is made out. It is, therefore, prayed that the bail application be rejected. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, particularly the fact that the applicant has been in judicial custody since 18.07.2025, the investigation has been completed and the charge- sheet has already been filed and as per the trial status, out of 17 prosecution witnesses, 10 witnesses, including the injured witness, 4 have already been examined, this Court is of the considered opinion that the trial is likely to take considerable time to conclude. At this stage, without expressing any opinion on the merits of the case, this Court is inclined to allow the present bail application. 8. Accordingly, the bail application is allowed. Let the Applicant – Hirendra Tarun involved in Crime No.-305/2025 registered at Police Station Nawagarh, District Janjgir-Champa (Chhattisgarh), for the offences punishable under Sections 109(1), 331(8), and 238 of the Bharatiya Nyaya Sanhita, 2023 (BNS), be released on bail on furnishing 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 5 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. The learned trial Court is directed to make an earnest endeavour to conclude the trial expeditiously, preferably within a period of three months from the date of receipt of a copy of this order, in accordance with law. 10. 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 Ruchi