1 CGHC010262082026 2026:CGHC:36848 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6462 of 2026 Rishikesh Singh S/o Rakesh Singh Aged About 20 Years R/o 524/2, Street No. 02, Behind Sahu Complex, Shankar Nagar, Raipur, C.G. ... Applicant versus State Of Chhattisgarh Through- The P.S.- Azad Chowk, Raipur, Dist.- Raipur, C.G. ... Non-applicant For Applicant : Mr. N. Naha Roy, Advocate. For Non-applicant/State. : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.08.2026 1. This is the first 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. 108/2026 registered at Police Station – Azad Chowk, Raipur District - Raipur (C.G.) for the offences punishable under Sections 109, 115(2), 296 & 351(2) of the BNS 2023. 2. The prosecution story, in brief, is that the complainant Shivam Sharma stated that he had known Divyant Behra for the past 3–4 months VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.19 11:44:38 +0530 2 through Komal Sharma. On 24.05.2026, Divyant Behra allegedly called the complainant and threatened him for talking to Komal Sharma, claiming her to be his girlfriend, and asked him to meet at Devendra Nagar, Raipur, which the complainant did not do out of fear. Thereafter, on 25.05.2026, Divyant again called the complainant and asked him to come to Azad Chowk, Raipur, to discuss the matter. Accordingly, the complainant, along with his associates Aman Singh Thakur and Sambhav Sharma, reached near Kali Mandir, Khaprabhatti, at about 10:30 p.m., where Divyant Behra and his associates were present. It is alleged that Divyant abused the complainant, assaulted him on the head with a stone and thereafter attempted to stab him in the stomach with a knife, which the complainant managed to evade. Thereafter, the complainant approached Police Station Azad Chowk, Raipur, whereupon, on the basis of his report, an offence under Sections 109, 115(2), 296 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and that the prosecution has failed to collect any cogent material connecting him with the alleged offence. It is submitted that the applicant’s name does not find place in the FIR and there is no specific allegation that he participated in the alleged assault or caused any injury to the complainant. It is further submitted that the complainant sustained only minor injuries and was not required to be admitted in the hospital. The applicant has been in custody since 01.01.2026, the charge-sheet has already been filed and there has been no substantial progress in the trial, which is likely to take considerable time. The applicant is a 3 permanent resident of Raipur, there is no likelihood of his absconding or influencing the prosecution witnesses, and he is ready to furnish adequate surety and abide by all conditions imposed by this Hon’ble Court. Therefore, it is prayed that the applicant may kindly be released on regular bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and the fact that the present applicant has no criminal antecedents, furthermore, the charge-sheet has already been submitted before the competent Court in the present case and the applicant has been languishing in jail since 02.06.2026, conclusion of the trial may take some more time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Rishikesh Singh, involved in Crime No. 108/2026 registered at Police Station – Azad Chowk, Raipur District - Raipur (C.G.) for the offences punishable under Sections 109, 115(2), 296 & 351(2) of the BNS 2023, be released on bail on furnishing personal bond with two local 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 4 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 his 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 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. 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 vaibhav