1 2026:CGHC:15314 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2962 of 2026 Hemant Nishad S/o Late Gopal Nishad Aged About 23 Years Resident Of Near Karma Mandir Block 189, Ganga Nagar P.W.R.S.Colony, Bhanpuri, P.S. Khamtarai District- Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station, Ganj, Raipur, District – Raipur (C.G.) ---- Non-applicant For Applicant : Mr. Bharat Lal Sahu, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.04.2026 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. 328/2025, registered at Police Station – Ganj, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 109 of the BNS. 2. The case of the prosecution, is that the complainant has made complaint to the concerned Police Station alleging inter-alia is that on the date of incident there was simple disputed arose in between applicant and complainant and thereafter, the applicant ha committed marpeet with the complainant by knife and iron rod by using filthy language, as resultant, the complainant has received simple injury. Based upon such complaint he Police has registered the crime and arrested the applicant. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. The applicant is said to have assaulted the injured with an iron rod on his shoulder which is non-vital part of the body, and in the MLC report, the nature of injuries sustained to the injured is mentioned, whereas as per the query report the injuries are dangerous to life. The applicant is in jail since 21.01.2026 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 the the applicant is said to have assaulted the injured due to which he has sustained some injuries on his 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. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and further the fact that applicant is said to have assaulted the injured with an iron rod on his shoulder which is non-vital part of the body, and in the MLC report, the nature of injuries sustained to the injured is mentioned, whereas as per the query report the injuries are dangerous to life, the applicant is in jail since 21.01.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Hemant Nishad, involved in Crime No. 328/2025, registered at Police Station – Ganj, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 109 of the BNS, be released on 3 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 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