1 CGHC010336952026 2026:CGHC:38830 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8114 of 2026 Suraj Kasar S/o Late Premlal Kasar Aged About 45 Years R/o Ganesh Chowk Ward No.28, Dhamtari Police Station City Kotwali, Dhamtari District- Dhamtari (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. City Kotwali, Dhamtari District- Dhamtari (C.G.) (In The Fir Through P.S. Is Mentioned As Dhamtari But The Same Is Used Interchangeably With The Word P.S. City Kotwali) ... Non-Applicant(s) For Applicant : Ms. Aditi Singhvi, Advocate. For Non-Applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.09.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 128/2026, registered at Police Station City Kotwali, District Dhamtari (C.G.) for the offence punishable under Sections 124(1) and 109(1) of the Bhartiya Nyaya Sanhita, 2023. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. The prosecution story, in brief, is that on 13.05.2026 at about 10:30 p.m., an altercation took place between the parties near the house of the present applicant. It is alleged that the applicant, while threatening to kill the complainant party, threw a corrosive/chemical substance allegedly used for cleaning brass utensils, as a result of which Vinay Gauli sustained burn injuries on his back, abdomen, hand and left side of his face, Phagu Nirmalkar sustained burn injuries on his chest and right shoulder and Lucky Bawane, who allegedly intervened in the incident, also sustained burn injuries on his body and near his eyes. On the basis of the report lodged by Vijay @ Monu Sonkar, Crime No. 128/2026 was registered against the applicant for the aforesaid offences. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the incident in question resulted in a cross- case, as Crime No. 127/2026 was registered on the report lodged from the side of the applicant against Vijay @ Monu Sonkar and other persons in respect of the very same occurrence. The applicant himself had also sustained an injury on his head during the said incident. It is further submitted that the persons accused in the counter-case have already been enlarged on bail, including Vijay Sonkar, who has been granted bail by this Court in M.Cr.C. No. 7023/2026, and Yogesh Sonkar, who has been granted bail by this Court in M.Cr.C. No. 6980/2026. Thus, the existence of the cross-case demonstrates that the incident was not unilateral in nature but arose out of an altercation between two groups. He 3 further submits that the applicant has no criminal antecedents and has been in custody since 17.05.2026 and conclusion of the trial is likely to take some time therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that during investigation, a green-coloured partially broken glass bottle bearing the label “Sora Tezab (Nitric Acid)” and a 100 ml plastic bottle containing approximately 1–2 ml of chemical substance were seized from the applicant. She further submits that, as per the medical material available on record, the complainant/injured persons sustained superficial burn injuries and burning sensation due to the alleged chemical substance. It is further submitted that the charge-sheet has already been filed and the applicant has no criminal antecedents. However, looking to the seriousness and gravity of the allegations and the manner in which the alleged incident was committed, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary as well as the material available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the allegations levelled against the applicant, the fact that the incident in question has resulted in a cross-case and the applicant himself had also sustained an injury on his head during the same occurrence and further considering that the persons accused in the counter-case have already been enlarged on bail, including Vijay Sonkar in M.Cr.C. No. 7023/2026 and 4 Yogesh Sonkar in M.Cr.C. No. 6980/2026, as also considering that the applicant has no criminal antecedents, the charge-sheet has already been filed before the competent Court and the applicant is in custody since 17.05.2026, coupled with the fact that the medical material indicates superficial burn injuries and burning sensation, and the conclusion of the trial is likely to take some time, I am inclined to grant bail to the present applicant. 7. Accordingly, the bail application of the applicant is allowed. 8. Let applicant, Suraj Kasar, involved in Crime No. 128/2026, registered at Police Station City Kotwali, District Dhamtari (C.G.) for the offence punishable under Sections 124(1) and 109(1) of the Bhartiya Nyaya Sanhita, 2023., 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, 5 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 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 Kunal