1 2026:CGHC:150 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8398 of 2025 Suraj Tiwari S/o Chhedilal Tiwari Aged About 40 Years R/o Village Tenduva, Police Station Shivrinarayan, District : Janjgir-Champa, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station- Shivrinarayan, District : Janjgir-Champa, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Amarnath Pandey, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/01/2026 1. Mr. Amarnath Pandey, learned counsel for the applicant has filed his power through a covering memo, which is already available on record. 2. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 grant of regular bail to the applicant who has been arrested in connection with Crime No. 270/2025 registered at Police Station Shivrinarayan, District : Janjgir-Champa (C.G.) for the offence punishable under Sections 109(1), 115(2), 296, 3(5), 351(3) of BNS. 3. Case of the prosecution, in brief, is that on 16.07.2025 the complainant Prateek Shukka lodged a report at Police Station Shivrinarayan stating that his friend Harshvardhan Tiwari had earlier entered into an agreement to sell with Rajendra Kumar Sharma for purchase of 13.55 acres of land situated at Village Tenduha for a consideration of Rs.1.60 crore, out of which Rs.60 lakh had already been paid by cheque and the remaining amount was pending. Although the sale deed had not been executed, possession of the land was claimed on the basis of the said agreement. 4. On 15.07.2025 at about 12:00 noon, the complainant along with Harshvardhan Tiwari went to the said land with labourers and a tractor for ploughing the land. While they were returning at around 5:00 PM, the accused persons, acting with prior common intention, arrived at the spot armed with swords, abused them in filthy language, questioned them for getting the land ploughed and threatened to kill them. The accused persons assaulted Harshvardhan Tiwari with a sword, causing a grievous injury near his right elbow. When the complainant intervened to save him, he 3 was also attacked with a sword by accused Neeraj Tiwari, resulting in injuries on his right hand and multiple cut injuries on both palms while trying to ward off the blow. The present applicant/accused Suraj Tiwari also assaulted the victims with fists and blows. Harshvardhan Tiwari sustained injuries on his right elbow, head, back and chest. The incident was witnessed by Ramchand Sahu, Kamleshdas Mahant and Mukesh Sahu, who intervened. Hence, the bail application. 5. Learned counsel for the applicant the applicant is innocent and has falsely been implicated in the present case. He further submits that one co-accused, namely, Niraj Tiwari has already been granted anticipatory bail by this Court vide order dated 16.12.2025 in MCRCA No.1910 of 2025. The applicant is in jail since 15.09.2025, the applicant has 13 criminal antecedents which arose solely out of dispute relating to the same agricultural land and ownership matter, whose owner is present applicant, further 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. 6. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant acting in furtherance of common intention, reached the spot along with co- accused armed with deadly weapons, abused and threatened the 4 complainant party, and actively participated in the assault by beating the victims with fists and blows, thereby facilitating the commission of the offence. So far as the criminal antecedents of the applicant are concerned, applicant has 13 criminal antecedents of identical nature of the years 2020, therefore, the applicant is not entitled for grant of bail. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Taking into consideration the facts & circumstances of the case, nature & gravity of offence, period of detention of the applicant since 15.09.2025, the fact that though the applicant along with co- accused armed with deadly weapons, abused and threatened the complainant party, and actively participated in the assault by beating the victims with fists and blows, but considering the fact that co-accused, namely, Niraj Tiwari has already been granted anticipatory bail by this Court vide order dated 16.12.2025 in MCRCA No.1910 of 2025, so far as criminal antecedents of the applicant are concerned, though the applicant has 13 criminal antecedents, but in all the said cases, the applicant has already been acquitted, further charge-sheet has been filed and this Court is of the view that the applicant is entitled to be released on bail in this case. 9. Let the Applicant-Suraj Tiwari, involved in Crime No. 270/2025 registered at Police Station Shivrinarayan, District : Janjgir- 5 Champa (C.G.) for the offence punishable under Sections 109(1), 115(2), 296, 3(5), 351(3) 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 6 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. 10. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil