1 CGHC010328802026 2026:CGHC:38370 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8005 of 2026 Ashish Sinha S/o Late Manoj Sinha Aged About 30 Years R/o Village Mudhipaar, Police Station Gatapaar, Tehsil - Khairagarh, District - Khairagarh- Chhuikhadan-Gandai Chhattisgarh (Particulars of The Applicant Is Mentioned Correctly And Details Of Father Is Mentioned Wrongly In Order Impugned) ... Applicant versus State of Chhattisgarh Through District Magistrate, District Khairagarh- Chhuikhadan-Gandai Chhattisgarh ... Non-applicant For Applicant : Mr. Anmol Sharma, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Govt. Advocate. For Complainant : Mr. Khilendra Sahu, Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 31.08.2026 1. This is the First bail application filed 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. 29/2026 registered at Police Station : Gatapaar, District – Khairagarh – Chuikhadan – Gandai (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 109, 324(5), 3(5), 191(2), 193(3), 190 and 238 of the Bhartiya Nyaya Sanhita, 2023. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.09.01 11:12:23 +0530 2 2. The prosecution story, in brief, is that the complainant, namely Kamlesh Verma, lodged a report before the police authorities on 23.04.2026 at about 9:00 P.M., stating that on 22.04.2026, he had come to Village Mudhipar to attend the wedding of his friend, Devendra Verma. During the wedding procession, at about 9:00 P.M., when they reached near the bride’s house, at or near Bazaar Chowk, three persons riding a motorcycle came near the procession and asked them to make way so that they could pass their vehicle. They also abused some of the members of the wedding procession. At that point of time, Kamlesh Verma, Raja Verma and Mahendra Verma intervened, whereupon the said persons left the spot. After some time, four persons again came back to the spot, abused them and further assaulted them. It is alleged that one of the co-accused persons assaulted the injured victim, Raja Verma, with a knife, as a result of which he fell down unconscious. Thereafter, they allegedly committed rioting and damaged the vehicle before fleeing from the spot. Further, Kamlesh Verma and Indrakumar also sustained minor injuries. Therefore, on the basis of the said complaint, the police authorities registered an FIR against the present applicant and other co-accused persons for the offences punishable under the aforesaid sections and arrested the present applicant on 24.04.2026, whereafter he was sent to judicial custody. 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 present applicant has only one pending case amongst all his previous criminal records, and the only allegation against the present applicant in the present case is that of damaging the vehicle. The applicant belongs to a poor family and is the sole earning member of his family. His father has passed away, and there is no one else to look after his mother. He 3 also submits that there is no direct evidence to establish the involvement of the present applicant in the alleged offence. Therefore, the aforesaid offences, as mentioned above, are not made out against the present applicant. He also submits that the injured victim himself, in his statement, has stated that Jaggu Nishad was the main assailant who assaulted Raja Verma in the stomach with a knife. The complainant himself has not disclosed the ingredients of the offences alleged against the present applicant. He further submits that the prosecution has failed to establish any motive or intention on the part of the present applicant to cause injury to the victim. As per the prosecution story itself, four to five persons allegedly assaulted the victim, however, the charge-sheet does not specifically disclose as to who actually assaulted the injured victim. He also submits that the applicant has been in jail since 24.04.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. Learned counsel for the complainant submits that the victim has no objection if the bail application of the present applicant is allowed. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and further the fact that learned counsel appearing for the objector has expressed no objection to the applicant being granted bail, and moreover, the charge-sheet has already been submitted before the competent Court, the applicant has been in judicial 4 custody since 24.04.2026, and as the trial is likely to take some time to conclude, I am of the opinion that the applicant is entitled to be released on bail in the present case. 8. Let applicant, Ashish Sinha, involved in Crime No. 29/2026 registered at Police Station : Gatapaar, District – Khairagarh – Chuikhadan – Gandai (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 109, 324(5), 3(5), 191(2), 193(3), 190 and 238 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his 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 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 5 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 in accordance with law. 9. 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 Abhishek