1 CGHC010299642026 2026:CGHC:38341 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7968 of 2026 Sant Kumar Jangde S/o Mohit Ram Jangde Aged About 39 Years R/o Village Parsadakhurd, Tehsil And P.S. Sakti, Distt. Sakti, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Sakti, Distt. Sakti, Chhattisgarh. ... Respondent(s) For Applicant(s) : Ms. Aparajita Shinde, Advocate. For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/08/2026 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. 228/2026 registered at Police Station Sakti, Distt. Sakti (C.G.) for the offence punishable under Sections 331(4), 296, 351(3), 115(1), 333 of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 19.05.2026 at about 1:30 a.m., when the complainant Anganbai and her husband Darshram Jangad, aged about 70 and 72 years respectively, were sleeping in their house, her husband went outside to urinate. At that time, the applicant/accused allegedly assaulted him due to an old dispute. On hearing her husband shouting, the complainant woke up, whereupon the accused allegedly closed the door of the house from outside. When she raised an alarm for help, the accused entered the house carrying a wooden stick, abused her in filthy language, threatened to kill her, and assaulted her by pressing her neck and using the stick and his hands. On the basis of the complainant's report, Crime No. 228/2026 has been registered against the applicant/accused for offences punishable under Sections 331(4), 296, 351(3), 115(2) and 333 of the Bharatiya Nyaya Sanhita, 2023, and investigation is underway. 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. She further submits that a family dispute had arisen between the applicant and the victims, as the victims were allegedly accusing the applicant’s wife of having an immoral character. Since the victims are the uncle and aunt of the applicant, they harboured a grudge against him, due to which the present false allegations have been levelled against the applicant. She also submits that so far as the injury sustained by the injured 3 is concerned, the injured sustained only simple injuries. The applicant is in jail since 21.05.2026, the applicant has two criminal antecedents of identical nature of the year 2026, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant assaulted the complainant and her husband over an old dispute, abused and threatened the complainant, and assaulted her by pressing her neck and using a wooden stick. Furthermore, the applicant has two criminal antecedents of identical nature of the year 2026, therefore, the applicant is not entitled for grant of bail. 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 21.05.2026, the fact that though the applicant assaulted the complainant and her husband over an old dispute, abused and threatened the complainant, and assaulted her by pressing her neck and using a wooden stick, but considering the fact that the injuries sustained by the injured is found to be simple in nature also considering the criminal antecedents of the applicant, which are two in number of identical nature and charge-sheet has been 4 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. Let the Applicant-Sant Kumar Jangde, involved in Crime No. 228/2026 registered at Police Station Sakti, Distt. Sakti (C.G.) for the offence punishable under Sections 331(4), 296, 351(3), 115(1), 333 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. 5 (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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil