1 CGHC010308692026 2026:CGHC:38669 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7351 of 2026 Milan Yadav Son Of Ramnarayan Yadav, Aged About 29 Years Resident Of Village- Bhatikuda, Police Station- Hardi Bazar, District- Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station - Hardi Bazar, District- Korba (C.G.) ... Non-applicant For Applicant : Mr. Aashutosh Shukla, Advocate. For Non-Applicant : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.09.2026 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. 63/2026 registered at Police Station - Hardibazar, District- Korba (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(2) & 3(5) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.09.01 16:07:03 +0530 2 2. Case of the prosecution, in brief, is that, on 25.04.2026 at about 10:00 P.M., the marriage procession (Barat) of the complainant Roshan Yadav’s elder brother Rakesh Yadav was proceeding towards the Marriage Palace Garden at Village Bhatikuda, Police Station Hardibazar. The complainant, along with his friends namely Brijpal, Ashish, Khusro and Santosh Patel, had consumed liquor. While they were near Krishna Chowk, Village Bhatikuda, a dispute arose between the complainant and Milan Yadav on account of their drunken condition, during which they abused each other in filthy language. It is alleged that the present applicant assaulted the complainant with a wooden bamboo stick, resulting in injuries to him. The complainant was admitted to the hospital on 26.04.2026 and was discharged on 27.04.2026. On the basis of the complaint lodged by the complainant, the present applicant has been booked for the alleged offences punishable under Sections 296, 115(2), 351(2), 118(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is submitted that although the alleged incident took place on 25.04.2026, the FIR was lodged only on 02.05.2026 and no satisfactory explanation has been offered for the delay. The complainant Roshan Yadav, in his statement recorded by the police, has admitted that the dispute arose after he had consumed liquor and started abusing and quarrelling with the present applicant without any reason, whereupon the applicant, in self-defence, attempted to save himself and assaulted the complainant with a bamboo stick. As per the medical report submitted by Govind Institute of Life Care, Bilaspur, the complainant 3 was admitted on 26.04.2026 and discharged on 27.04.2026, while the CT Scan report reveals no abnormality of the basal cisterns and the internal capsule appears normal; further, no FSL examination has been conducted by the prosecution and no blood has been found on the rod or bamboo stick. It is further submitted that the applicant is aged about 29 years, has been in judicial custody since 03.07.2026, and the charge-sheet has already been filed before the competent Court. As the trial is likely to take considerable time to conclude and further incarceration of the applicant would serve no useful purpose, the applicant may kindly be enlarged on regular bail. 4. On the other hand, learned State Counsel opposed the bail application of the present applicant and submitted that the charge-sheet has already been filed he further submitted that the present applicants allegedly assaulted the injured, resulting in grievous injuries, therefore, the present applicant is not entitled to be granted regular bail in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and upon perusal of the case diary, it is observed that the injuries sustained by the injured are simple in nature and are stated to have been caused on a non-vital part of the body. It is further noticed that the applicant has no criminal antecedents. The charge-sheet has already been filed before the competent Court, and the applicant has been in judicial custody since 03.07.2026, this Court is of the considered view that the applicant has made out a fit case for grant of regular bail. Accordingly, 4 the applicant is entitled to be released on bail in the present case. 7. Let the Applicant - Milan Yadav involved in Crime No. 63/2026 registered at Police Station - Hardibazar, District- Korba (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(2) & 3(5) of the BNS, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of 5 liberty of bail and proceed against them 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. - Sd/- (Ramesh Sinha) Chief Justice vaibhav