1 CGHC010325512026 2026:CGHC:38879 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.8191 of 2026 Indra Kumar Yadav @ Damu S/o Kartik Ram Aged About 29 Years R/o Bhatgaon Thana Sarsiva, District Sarangarh, (CG) Present Address Anand Nagar Thana Kusmunda, District Korba C. G. ... Applicant versus State Of Chhattisgarh Through- Police Station Bankimongra, District Korba C. G. ... Non-applicant _____________________________________________________ For Applicant :Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State :Mr. Shubham Bajpai, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.09.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.09.02 17:36:26 +0530 2 connection with Crime No.144/2026 registered at Police Station – Bankimongra, District Korba (C.G.), for the offences under Sections 296, 351(3), 118(1), 238 and 3(5) of BNS. 2. As per the case of the prosecution, complainant Ramesh Singh Binjhawar lodged the FIR on 15.07.2026 stating that on 13.07.2026, at about 5:00 p.m., while he and his companion Shubham Kumhar had gone to the Balgi liquor shop after work, a dispute arose with two unknown persons over sitting at a table in the snack shop. When the complainant and Shubham came out of the shop, the said persons allegedly abused them, threatened them with dire consequences and assaulted them with fists and blows. It is alleged that one of them assaulted the complainant with a sharp object resembling a radium blade, causing injuries to his left cheek and right side of the neck, while Shubham was allegedly thrown to the ground and assaulted, resulting in injuries to his left eye, chest and waist. The complainant also sustained an injury on his right temple. During investigation, the involvement of the present Applicant and co-accused Divyanshu Mishra was found and accordingly, they were arrested on 29.07.2026 and sent to judicial custody. Accordingly, the offences as mentioned above were registered against the Applicant. Hence this application. 3 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 Applicant is aged about 26 years and is in custody since 29.07.2026 and is a labourer by occupation. It is further submitted that the FIR was lodged after a delay of two days and that the Applicant did not assault the complainant, who sustained the injury by falling down while being under the influence of liquor. He further submits that the offences punishable under Sections 296, 351(3) and 238 of the BNS are bailable, while only the offence under Section 118(1) of the BNS is non-bailable, the case is triable by the Court of Judicial Magistrate First Class and that the Applicant has two previous criminal cases registered at the same police station, on account of which he is being unnecessarily harassed by the police and the trial is likely to take considerable time, therefore, he may be released on bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the Applicant has two previous criminal antecedents, out of which one has already been disposed of and the other is pending. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations and the fact that the Applicant is in custody since 29.07.2026, the injuries sustained by the complainant are simple in nature, the offence is triable by the Court of Judicial Magistrate First Class and the trial is likely to take considerable time, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 7. Let Applicant- Indra Kumar Yadav @ Damu involved in Crime No.144/2026 registered at Police Station – Bankimongra, District Korba (C.G.), for the offences under Sections 296, 351(3), 118(1), 238 and 3(5) 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/she 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/her 5 counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her 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/her 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/her, 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/her 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 Priya