1 CGHC010262892026 2026:CGHC:37884 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6295 of 2026 Gyan @ Lukky Shriwas S/o Dilharan Aged About 22 Years R/o Khaiyapara, Post Malhar, Chauki Malhar, Police Station Masturi, District Bilaspur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House O2cer Police Station Masturi, District Bilaspur Chhattisgarh ... Non-applicant(s) For Applicant : Mr. Shashank Upadhyay, Advocate For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.08.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 272/2026, registered at Police Station Masturi, District- Bilaspur (C.G.) for the o<ence punishable under Sections 118(1), 118(2), 296, 351(3) and 3(5) of the BNS, 2023. 2. The case of the prosecution, in brief, is that on 04.05.2026, when the complainant Rupchand Kewat returned after completing his KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 work, the persons residing in his locality informed him that the present applicant, namely Gyan @ Lucky Shrivas, had assaulted his brother Rupesh and father Manharan Kewat with a sharp-edged scissors. Thereafter, the complainant immediately reached in front of Pankaj Medical Store and found his brother Rupesh lying unconscious in an injured condition and his father Manharan bleeding from his back. With the help of the persons present nearby, both the injured persons were sent to Masturi for treatment. During enquiry, it was revealed that on 04.05.2026 at about 8:00 p.m., a dispute had taken place with Ganpa Bai regarding the purchase of coconuts, whereafter the present applicant came there and allegedly abused the injured persons in Althy language and threatened them with dire consequences and thereafter assaulted them with a knife-like scissors. As a result of the assault, Rupesh sustained injuries on his lip, arm, chest and abdomen, whereas Manharan sustained injury on his back. Accordingly, the o<ence was registered and taken up for investigation. During the course of investigation, as per the medical opinion, the injuries sustained by injured Rupesh on the ear, nose and throat and therefore, Section 118(2) of the BNS, 2023 was added against the accused. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant has not acted in the manner alleged by the prosecution. He submits that on 04.05.2026, a dispute had taken place between the applicant's mother and the victim and his wife, which was subsequently settled. Thereafter, the 3 injured along with his father allegedly came to the house of the applicant in an intoxicated condition and started assaulting the applicant and his mother. It is further submitted that the applicant had orally lodged a complaint at Police Post Malhar, but no action was taken against the victim/injured and his father. He further submits that the innured/victim has falsely implicated the applicant and that according to the FIR, the incident took place on 04.05.2026 at about 8:00 p.m., whereas the FIR was lodged on 05.05.2026 at about 12:09 p.m., and there is no explanation for the delay. He further submits that the injuries sustained by the injured are simple in nature and therefore, Section 118(2) of the BNS, 2023 has wrongly been added by the police. It is further submitted that co-accused Ganpa Shrivas, who is the mother of the applicant, has already been granted anticipatory bail by this Court in MCRCA No. 958/2026 vide order dated 29.06.2026. He further submits that the applicant is in custody since 20.06.2026 and the trial is likely to take considerable time for its conclusion. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of bail to the applicant and submits that the present applicant assaulted the injured persons with a knife-like scissors, as a result of which they sustained injuries. Learned State counsel further submits that, as per the MLC report, the injuries sustained by the injured persons are simple in nature. However, considering the nature and gravity of the allegations levelled against the applicant and the nature of injuries sustained by the injured persons, he is not 4 entitled for grant of bail. 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, nature and gravity of allegation levelled against the applicant and further considering that, as per the MLC report, the injuries sustained by the injured persons are simple in nature and further considering that co-accused Ganpa Shrivas has already been granted anticipatory bail by this Court in MCRCA No. 958/2026 vide order dated 29.06.2026, coupled with the fact that the applicant is in jail since 20.06.2026 and the trial is likely to take some time for its conclusion, I am inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application is allowed. 8. Let applicant, Gyan @ Lukky Shriwas, involved in Crime No. 272/2026, registered at Police Station Masturi, District- Bilaspur (C.G.) for the o<ence punishable under Sections 118(1), 118(2), 296, 351(3) and 3(5) of the BNS, 2023, 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 Ale an undertaking to the e<ect that he shall not seek any adjournment on the dates Axed 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. 5 (ii) The applicant shall remain present before the trial court on each date Axed, either personally or through his counsel. In case of his absence, without su2cient 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 Axed 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 Axed 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 su2cient 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. O2ce is directed to send a certiAed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal