1 CGHC010372812026 2026:CGHC:41750 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9037 of 2026 1 - Divyant Behera S/o Shri Mahendra Behera Aged About 22 Years R/o Mowa, New Laxmi Nagar In Front Of Achiver School Pandri District Raipur Chhattisgah. ... Applicant Versus 1 - State Of Chhattisgarh Through Police Station Azad Chowk District Raipur Chhattisgarh. ... Non-applicant For Applicant : Mr. Manoj Paranjape, Sr. Advocate along with Mr. Shikhar Shrivastava, Advocate For Non-applicant : Mr. Aman Tamrakar, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 25/09/2026 1. This is the second bail application. The first bail application was dismissed as withdrawn vide order dated 08.09.2026 in M.Cr.C. No. 8259/2026. 2. This second bail application is filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 108/2026 registered at Police Station – Azad Chowk, District – Raipur, Chhattisgarh for the offences punishable under Sections 109, 296, 115(2), 351(2), 118(2) & 3 2 (5) of the Bhartiya Nyaya Sanhita, 2023 and under Section 25 & 27 of the Arms Act, 1959. 3. Case of the prosecution, in brief, is that complainant namely, Shivam Sharma lodged report in the concerned police station stating that he had known Divyant Behra for the past 3-4 months through Komal Sharma. On 24.05.2026, Divyant Behra allegedly called the complainant and threatened him for talking to Komal Sharma, claiming her to be his girlfriend and asked him to meet at Devendra Nagar, Raipur which, the complainant did not do out of fear. Thereafter, on 25.05.2026, Divyant again called the complainant and asked him, to come to Azad Chowk, Raipur to discuss the matter. Accordingly, the complainant along with his associates Aman Singh Thakur and Sambhav Sharma, reached near Kali Mandir, Khaprabhatti, at about 10:30 P.M. where Divyant Behra and his associates were present. It is alleged that Divyant abused the complainant, assaulted him on the head with a stone and thereafter, attempted to stab him in the stomach with a knife, which the complainant managed to evade. Thereafter, the complainant approached Police Station – Azad Chowk, Raipur whereupon, on the basis of his report, an offence under Sections 109, 296, 115(2), 351(2), 118(2) & 3 (5) of the Bhartiya Nyaya Sanhita, 2023 and under Section 25 & 27 of the Arms Act, 1959 was registered and the applicant was arrested on 01.06.2026. 4. Learned counsel for the applicant submits that applicant is innocent, he has been falsely implicated in the crime. He has not committed any offence as alleged. He submits that the applicant is in jail since 01.06.2026. Though, in the FIR, allegation against the applicant is of 3 calling the injured and assaulting him by means of stone and knife, however, the doctor in the MLC report has opined that the injuires are not grievous. Applicant is a young boy aged about 22 years. There is no other criminal antecedent registered against him. He is a student of B.Com studying in Shri Rawatpura Sarkar University, Raipur. Charge- sheet has been filed, trial may take sometime. Hence, he may be enlarged on bail. 5. On the other hand, learned State counsel opposes the submission made by counsel for the applicant and would submit that the applicant is the main accused who is having animosity with the complainant, called him and the allegation of assault is against the applicant. However, upon asking, he submits that there is no other criminal antecedent against the applicant. 6. I have heard learned counsel for the respective parties and perused the documents filed along with the bail application. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, there is no criminal antecedent against the applicant, period of pre-trial detention suffered by the applicant, documents enclosed along with the bail application, trial is likely to take sometime, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 8. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (a) 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 4 court to treat it as abuse of liberty of bail and pass orders in accordance with law. (b) 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. (c) In case, the applicant misuses the liberty of bail during trial andin order to secure her 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. (d) 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. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY