1 CGHC010303622026 2026:CGHC:36567 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7566 of 2026 Rajesh Yadav S/o Ramnarayan Yadav Aged About 42 Years R/o Village - Barbaspur, P.S. - Pratappur, District - Surajpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Pratappur, District - Surajpur (C.G.) ... Respondent(s) For Applicant(s) : Mr. D.N. Prajapati, Advocate. For Respondent(s) : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/08/2026 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. 131/2026 registered at Police Station Pratappur, District - Surajpur (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Sections 296, 351(2), 115(2), 117(2), 109(1) of BNS. 2. Case of the prosecution, in brief, is that on 27.04.2026 at about 9:00 a.m., the accused Rajesh Yadav allegedly assaulted injured persons, Somaru Yadav and Devnarayan Yadav with an axe (tangiya) (sharp-edged weapon) over a dispute regarding making cattle sit. It is alleged that the accused abused them in filthy language, threatened them with death, and inflicted blows with the axe on their heads, causing injuries to both. During investigation, the medical examination revealed that the head injury sustained by Somaru Yadav was grievous in nature and was potentially sufficient to cause death. As regards Devnarayan Yadav, the injury was found to have been caused by a sharp-edged weapon. Accordingly, Sections 109(1) and 118(1) of the Bharatiya Nyaya Sanhita, 2023 were added to the initially registered offences. After completion of investigation, the police filed the charge-sheet against the accused for offences punishable under Sections 296, 351(2), 118(1), 117(2) and 109(1) of the Bharatiya Nyaya Sanhita, 2023. Hence, the bail application. 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 the dispute suddenly arose regarding keeping the cattle at rest, and the applicant allegedly abused and assaulted his father and brother without any intention to kill them. Moreover, the injury sustained by Somaru on 3 the left frontoparietal region of the scalp, though grievous, is not dangerous to life, while the injuries sustained by Devnarayan are simple in nature. The applicant is in jail since 16.05.2026, the applicant has no criminal antecedent, 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. She further submits that during a sudden dispute regarding keeping the cattle at rest, the applicant allegedly abused his father and brother and assaulted them with an axe, causing head injuries to both, but the head injury sustained to Somaru is grievous in nature, 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 and the fact that though during a sudden dispute over keeping cattle at rest, the applicant allegedly abused and assaulted his father and brother with an axe, causing head injuries to both, with the injury sustained by Somaru being grievous in nature, but considering the fact that the applicant has no criminal antecedent and is in judicial custody since 16.05.2026, further the charge-sheet has been filed in the present case, this 4 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-Rajesh Yadav, involved in Crime No. 131/2026 registered at Police Station Pratappur, District - Surajpur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 117(2), 109(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