1 CGHC010325642026 2026:CGHC:38158 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7945 of 2026 Sanjay Kumar S/o Sunil Kumar Morya Aged About 26 Years R/o Behind Tiwari Atta Chakki, Balaji Nagar, Ward No. 32, Sector- 11, Zone 11/02, Bhilai, Police Station- Khursipar, Durg, District- Durg, Chhattisgarh. (Details of Applicant Properly Properly Not Mentioned In The Impugned Order Sheet Which Is Being Mentioned As Per Charge Sheet). ... Applicant versus State of Chhattisgarh Through P.S. Kotwali, District- Durg, Chhattisgarh. (Details of Non-Applicant Properly Not Mentioned In 1st Page of The Impugned Order Sheet And Correct Is Being Mentioned As Cause Title of Impugned Order Sheet). ... Non-applicant For Applicant : Mr. Avinash Chand Sahu, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 25.08.2026 1. This is the First bail application ;led 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. 213/2026 registered at Police Station : Kotwali, District – Durg (C.G.) for the o=ence punishable under Sections 109(1), 118(1), 309(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 25.04.2026 at about 8:30 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.25 16:32:00 +0530 2 PM, the son of the complainant had gone to work as a watchman at Rakesh Jewellers, Moti Complex, Durg, as usual. On 26.04.2026 at about 6:00 AM, two unknown persons came to the house of the complainant and informed her that someone had stabbed her son, namely, Padum Yadav, who had sustained injuries. Thereafter, at B.M. Shah Hospital, the proprietor of Rakesh Jewellers informed the applicant that, as per the CCTV footage, on 26.04.2026 at about 4:30 AM, while Padum Yadav was on duty, three persons came on a scooter and attempted to snatch his mobile phone. When he refused to hand over the mobile phone, one of the persons riding the scooter attacked Padum Yadav with a knife on his stomach and left hand, thereby causing injuries to him. On the basis of the complaint lodged by the complainant, FIR bearing Crime No. 213/2026 was registered against three unknown scooter riders at Police Station Kotwali, Durg, under Sections 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). During the course of investigation, on 12.05.2026, during vehicle checking by the Cyber Cell, three suspects were found travelling on a grey-coloured, unnumbered Activa scooter at Patel Chowk, Durg. Upon being questioned, they allegedly confessed to having committed the o=ence and disclosed their names as Raja Lugun, Simon Majhi and Sanjay Kumar, residents of the Khursipar area. They were, however, unable to produce any documents relating to the said Activa. Thereafter, all three persons were taken into custody and brought to the police station. Upon being separately interrogated in the presence of witnesses, all three allegedly disclosed that on 25.04.2026 at about 8:00 PM, Dhaniya, Sanjay and Simon had jointly stolen an Activa vehicle bearing no registration number from Jamul and thereafter proceeded towards the Shivnath River. After crossing the river, they reached Indra Market, Moti Complex, where they attempted to 3 take out the mobile phone of the watchman, who was resting under a mosquito net near Rakesh Jewellers. When the watchman woke up and caught hold of Simon alias Sumon, Simon, in order to free himself, allegedly stabbed the watchman in his stomach and hand with a knife lying nearby, with the alleged intention of causing his death. When the watchman released him, they Eed from the spot along with the watchman’s mobile phone and subsequently sold the scooter allegedly used in the incident to Dhanraj alias Dhaniya for a sum of Rs. 5,000/-. The Applicant was arrested on 12.05.2026. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the injuries sustained by the complainant are simple in nature. He further submits that the main allegation of assault is against the other co- accused, who is a juvenile, and that nothing has been seized from the possession of the present applicant. He also submits that the alleged seizure of the knife was made from the other co-accused. It is further submitted that the applicant has no criminal antecedents and has been in custody since 12.05.2026. Since the conclusion of the trial is likely to take some time, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has already been ;led in the present case. 5. I have heard learned counsel for the parties and perused the case-diary. 6. Considering the nature of the allegations, the fact that the alleged knife has been seized from the co-accused, who is a juvenile, and nothing has been seized from the possession of the present applicant, coupled with the fact that he has no criminal antecedents and has been in custody since 12.05.2026. The charge-sheet has already been ;led and the trial 4 is likely to take some time. Therefore, this Court is of the considered view that the applicant is entitled to be released on bail. 7. Let applicant, Sanjay Kumar, involved in Crime No. 213/2026 registered at Police Station : Kotwali, District – Durg (C.G.) for the o=ence punishable under Sections 109(1), 118(1), 309(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall ;le an undertaking to the e=ect that he shall not seek any adjournment on the dates ;xed 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 ;xed, either personally or through his counsel. In case of his absence, without suHcient 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 ;xed 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 ;xed for (i) opening of the case, 5 (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 suHcient 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. OHce is directed to send a certi;ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek