1 2026:CGHC:11049 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2088 of 2026 Abhay Singh S/o Sanjay Singh Aged About 22 Years Resident Of Old High Court, Near Dua Tent House, District Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Police Station City Kotwali, District Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ritesh Verma, Advocate. For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/03/2026 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 applicant who has been arrested in connection with Crime No. 531/2025 registered at Police Station City Kotwali, District Bilaspur (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Sections 296, 115(2), 351(2), 119(1) of BNS. 2. Case of the prosecution, in brief, is that on 29.09.2025, when the complainant was proceeding towards the Dayalband Electricity Office to deposit his electricity bill, one person allegedly came from behind and started spitting on him. Upon stopping his vehicle and turning back, the complainant found the present applicant standing there. When questioned about the act, the applicant allegedly approached him and demanded money for consuming liquor. On refusal, the applicant is stated to have assaulted the complainant and abused him using filthy language. Thereafter, the complainant called his friends, who arrived at the spot and intervened to pacify the matter. After completion of investigation, the charge-sheet was filed on 17.10.2025. The applicant has been in judicial custody since 30.09.2025. Hence, the present application has been filed seeking grant of regular bail. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that as per the prosecution story, the allegation against the applicant pertains to a sudden altercation and alleged assault. The incident is stated to have arisen out of a trivial dispute at the spur of the moment, without any premeditation. There is nothing on record to suggest that the applicant had any prior intention or motive to commit the alleged act. He also submits that the injury sustained by the injured is 3 simple in nature. The applicant is in jail since 30.09.2025, the applicant has one criminal antecedent of the year 2025 under the BNS, which has already been compromised in Lok Adalat, further the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant allegedly spat on the complainant, demanded money for liquor, and upon refusal, assaulted and abused him. Moreover, the applicant has one criminal antecedent of the year 2025 under the BNS. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 30.09.2025, the fact that though the applicant allegedly spat on the complainant, demanded money for liquor, and upon refusal, assaulted and abused him, but considering the fact that the injuries sustained by the injured are found to be simple in nature and the one criminal antecedent of the applicant, which is of the year 2025 under the BNS has already been compromised in Lok Adalat, furthermore the charge-sheet has been filed in the 4 present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Abhay Singh, involved in Crime No. 531/2025 registered at Police Station City Kotwali, District Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 119(1) 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 initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (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. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil