1 CGHC010333932026 2026:CGHC:38630 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.8073 of 2026 Rizvan Khan @ Billu S/o Sahid Khan Aged About 22 Years R/o Near Ganga Store, Behind The Mashjid, Santoshi Nagar, P.S. - Tikrapara, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Tikrapara District Raipur Chhattisgarh ... Non-applicant _____________________________________________________ For Applicant :Mr. Leekesh Kumar, Advocate. For Non-applicant/State :Mr. Soumya Rai, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.09.2026 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 connection with Crime No.451/2026 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.09.01 15:43:55 +0530 2 Station – Tikrapara, District Raipur (C.G.), for the offence under Section 109 of BNS. 2. The prosecution case, in brief, is that on 24.05.2026 at about 11:30 p.m., the complainant, an auto-rickshaw driver, was standing at Gate No.03, Naya Bus Stand, Bhatagaon, Raipur, waiting for passengers. At that time, accused/Applicant allegedly came there and told the complainant not to pick up passengers, stating that the area belonged to him. Thereafter, he allegedly abused and assaulted the complainant. Subsequently, when the complainant reached near Bakra Market, Sanjay Nagar, the accused allegedly followed him in his auto-rickshaw bearing registration No. CG04QJ9524, threatened to kill him and attacked him with a knife on his abdomen. The complainant allegedly caught hold of the knife to save himself, whereupon the accused assaulted him on his right leg, causing injuries. Accordingly, the offence as mentioned above was registered against the Applicant. Hence this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is submitted that there is no independent witness to corroborate the prosecution version and no weapon or other incriminating article has been recovered from the Applicant. It 3 is further submitted that the alleged incident arose suddenly out of a quarrel between the parties regarding picking up passengers, without any prior planning or premeditation and the injuries allegedly sustained by the complainant are not on any vital part of the body. He further submits that the complainant has appeared before the learned Trial Court and expressed no objection to the Applicant being released on bail, stating that the parties belong to the same family. It is lastly submitted that the investigation is complete and charge- sheet has been filed, the offence is triable by the learned Magistrate, the Applicant is aged 22 years, is in custody since 25.05.2026 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 is alleged to have assaulted the complainant with a knife, causing injuries to him. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, particularly the nature of injuries sustained by the complainant being simple in nature, the complainant has 4 expressed no objection to his release on bail, the Applicant is in custody since 25.05.2026 and the trial is likely to take considerable time, without commenting 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- Rizvan Khan @ Billu involved in Crime No. 451/2026 registered at Police Station – Tikrapara, District Raipur (C.G.), for the offence under Section 109 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 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 5 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