1 CGHC010336972026 2026:CGHC:38818 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8103 of 2026 Sagar Yadav S/o Late Ramesh Yadav Aged About 33 Years R/o Kalle, Garage Ke Peeche, Thana Maudahapara, District Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - P.S. Maudahapara, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Dinesh Vishwkarma, Advocate. For Respondent(s) : Mr. Sumit Singh, Deputy Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/09/2026 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. 80/2026 registered at Police Station Maudahapara, District Raipur (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Sections 109 and 296 of BNS. 2. Case of the prosecution, in brief, is that on 04.05.2026, the complainant, namely Mohd. Afaque, lodged an oral report alleging that on 03.05.2026 at about 11:00 p.m., while he was proceeding towards his home on a motorcycle along with his friend Ajhan Khan, the motorcycle of the present applicant came into contact with his motorcycle. Thereafter, the applicant allegedly abused the complainant in filthy language and assaulted him with a knife, causing injuries on his cheek and right leg. On the basis of the said report, the police registered an FIR against the present applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the complainant and his friend had assaulted the applicant with a knife, and in order to defend himself, the applicant acted in self-defence, during which the complainant sustained injuries. He also submits that the applicant has also lodged an FIR against the complainant vide Crime No. 81/2026 at Police Station Maudahapara, District Raipur (C.G.). The applicant is in jail since 04.05.2026, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail 3 application and submits that the charge-sheet has been filed in the present case. He further submits that following a motorcycle collision with the complainant, the applicant allegedly abused the complainant in filthy language and assaulted him with a knife, causing injuries to his cheek and right leg of the injured. He also submits that no definite opinion has been given by the Doctor regarding the nature of the injuries sustained by the injured and further there is no Query Report. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 04.05.2026, the fact that though the applicant allegedly abused the complainant in filthy language and assaulted him with a knife, causing injuries to his cheek and right leg of the injured, but considering the fact that the injured received injuries on the non-vital parts of his body, further there is no definite opinion has been given by the Doctor regarding the nature of the injuries sustained by the injured and there is no Query Report, the applicant has no criminal antecedent and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Sagar Yadav, involved in Crime No. 80/2026 4 registered at Police Station Maudahapara, District Raipur (C.G.) for the offence punishable under Sections 109 and 296 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 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 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil