1 2026:CGHC:15857 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3073 of 2026 Suraj Pathak Alias Bauwa S/o. Shri Shambhu Pathak Aged About 22 Years R/o.- Shankarpur, Ward No. 09, Chowki Chikhli, Rajnandgaon, Tehsil And District- Rajnandgaon (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Out Post – Chikhali Police Station – Kotwali, District – Rajnandgaon (C.G.) ---- Non-applicant For Applicant : Mr. Aditya Bhardwaj, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.04.2026 1. The applicant has preferred this First Bail Application 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. 647/2025, registered at Out Post – Chikhali, Police Station – Kotwali, District – Rajnandgaon (C.G.) for the offence punishable under Sections 296, 351(2) and 115(1) of the BNS and Sections 25 and 27 of the Arms Act. 2. The case of the prosecution, is that on 24.10.2025, the complainant Sameer Shrivastava, was standing with local residents during the festival program, at that time, the applicant Suraj Pathak also known as Bauwa, who lived in the neighborhood as a tenant, due to previous enmity, abused Raju Dewangan with obscene language, assaulted him RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 with fists, and threatened to kill him by showing a sharp knife, when others intervened, he waved the knife and threatened to kill the people present there as well. Thereafter, the crime was registered and the applicant was arrested. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is one criminal antecedents of the applicant in which he was convicted, and against the conviction he has preferred an appeal before this Court being CRA No.517/2024 in which vide order dated 26.11.2024, he has been granted bail in the said case and the said appeal is still pending. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that the applicant is said to have assaulted the injured persons with knife, and the injuries sustained to the injured are simple in nature. The applicant is in jail since 24.10.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedents of the applicant in which he was convicted, the charge-sheet has been filed in this case. It is further submitted that the applicant is said to have assaulted the injured with knife, due to which the injured persons have sustained some injuries on their person, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is one criminal antecedents of the applicant in which he was convicted, and against the conviction he has preferred an appeal before this Court being CRA No.517/2024 in which vide order dated 26.11.2024, he has been granted bail in the said case and the said appeal is still pending, charge-sheet has been filed against the applicant, and the applicant is said to have assaulted the injured persons with knife, and the injuries sustained to the injured are simple in nature, the applicant is in jail since 24.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Suraj Pathak Alias Bauwa, involved in Crime No. 647/2025, registered at Out Post – Chikhali, Police Station – Kotwali, District – Rajnandgaon (C.G.) for the offence punishable under Sections 296, 351(2) and 115(1) of the BNS and Sections 25 and 27 of the Arms Act, 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 4 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 of liberty of bail and proceed against him in accordance with law. 8. 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 Rajshekhar