1 2026:CGHC:15390 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2969 of 2026 Sagar Kumar Baghel S/o Vijay Kumar Baghel Aged About 18 Years R/o Rajapara, Ward No. 10, Doundilohara, District- Balod, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through- P.S. Doundilohara, District- Balod, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Hemant Gupta, Advocate. For Respondent(s) : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/04/2026 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. 166/2025 registered at Police Station Doundilohara, District- Balod (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Sections 296, 109, 3(5), 191(2), 191(3) of BNS. 2. Case of the prosecution, in brief, is that on 29.12.2025 during the Mandai Mela (fair), a minor dispute arising out of pushing led to an altercation, wherein the accused along with other co-accused, in furtherance of their common intention, assaulted Pavendra Kodappa and Nikhil Kumar Sahu by stabbing them with a knife. As a result of the said incident, an offence was registered vide Crime No. 166/2025 at Police Station Doundilohara, District Balod, under Sections 296, 109, 3(5), 191(2) and 191(3) of the B.N.S. 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. He further submits that the specific act of assault by means of a knife has been attributed to the co- accused, namely Shabnam Bhandari, and the weapon alleged to have been used in the commission of the offence has also been recovered from the possession of the said co-accused. The applicant is in jail since 30.12.2025, the applicant has no criminal antecedent, 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. 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. She further submits that the applicant along with 3 co-accused persons, in furtherance of their common intention, assaulted the victims during a dispute at Mandai Mela and stabbed them with a knife, therefore, the applicant is not entitled for grant of bail, but could not dispute the fact that the act of assault by means of a knife has been attributed to the co- accused, namely Shabnam Bhandari, and the said weapon alleged to have been used in the commission of the offence has also been recovered from the possession of the said co-accused. 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 30.12.2025, the fact that though the applicant along with co- accused persons, in furtherance of their common intention, allegedly assaulted the victims during a dispute at Mandai Mela and stabbed them with a knife, but considering the fact that the allegation of knife assault is specifically attributed to the co- accused, Shabnam Bhandari, from whose possession the said weapon of assault has also been recovered and the fact that the applicant has no criminal antecedent, further the charge-sheet has been filed in the present case, 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. 7. Accordingly, the application is allowed. 8. Let the Applicant-Sagar Kumar Baghel, involved in Crime No. 4 166/2025 registered at Police Station Doundilohara, District- Balod (C.G.) for the offence punishable under Sections 296, 109, 3(5), 191(2), 191(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 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 5 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