1 2026:CGHC:10765 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 215 of 2026 Amit Kumar Sahu @ Baba @ Sumit Vishwakarma S/o Ganesh Vishwakarma Aged About 27 Years R/o Bhatagaon, Rautpara Colony, Green Vihar, Phase-1 Ke Samne, P.S. Tikrapara, District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through - P.S. Azad Chowk, District Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.03.2026 1. This is the 8rst bail application 8led 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. 258/2025 registered at Police Station Azad Chowk, Raipur, District Raipur, (C.G.) for the o>ence punishable under Sections 296, 351(2) and 109 of Bharatiya Nyaya Sanhita, 2023. (for short ‘BNS’) 2. Case of the prosecution, in brief, is that on 01.09.2025 at about 3:24 PM, the complainant, namely Shekar Gupta, lodged an FIR against RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 the present applicant alleging that on the same day at about 12:45 AM, the applicant assaulted his brother, Dwarika Gupta, by stabbing him in the stomach with a pair of scissors. It is further alleged that thereafter the family members of the complainant immediately admitted the injured Dwarika Gupta to AIMS Hospital for medical treatment. On the basis of the said report, the police registered an FIR against the present applicant for the aforesaid o>ence. Hence, the present bail application. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the present case. It is submitted that the applicant was having a love a>air with Kumari Priya Sahu and had gone to meet her at the relevant time, when Dwarika Gupta, brother of the complainant, came there and assaulted the applicant, and in the course of the said incident, he himself sustained injuries. It is contended that Dwarika Gupta had been continuously harassing the applicant and Kumari Priya Sahu, and at the time of the incident, he allegedly came armed with a pair of scissors and attempted to assault the applicant, however, the applicant has not assaulted the complainant as alleged. It is further submitted that there was no prior dispute between the applicant and the injured person and that no article has been seized from the possession of the applicant. He also submits that though the injury is stated to be grievous in nature, but the same is on a non-vital part of the body. It is also submitted that the investigation has been completed, the charge sheet has been 8led, charges have already been framed, and till date not a single 3 prosecution witness has been examined. He further submits that the present applicant, aged about 27 years, has no criminal antecedents, and he is in jail since 02.09.2025, 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 appearing for the non- applicant/State opposes the bail application and submits that the charge-sheet has been 8led in the present case before the competent Court. She further submits that the applicant has inDicted a grievous injury upon the victim by assaulting him in the abdomen with a pair of scissors, which is a sensitive part of the body. It is contended that the manner of assault and the weapon used clearly indicate the intention and knowledge of the applicant to cause serious bodily harm. She further submits that the victim had to be immediately admitted to the hospital for treatment, which itself reDects the gravity of the injury sustained. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of allegations, and the submissions made by learned counsel for the parties, the fact that though the applicant has inDicted a grievous injury upon the victim by assaulting him in the abdomen with a pair of scissors, but the same is on a non-vital part of the body, and 4 further considering that the applicant is in jail since 02.09.2025, he has no any previous criminal antecedents, the charge sheet has been 8led, charges have already been framed and not a single prosecution witness has been examined till date, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant- Amit Kumar Sahu @ Baba @ Sumit Vishwakarma, involved in Crime No. 258/2025 registered at Police Station Azad Chowk, Raipur, District Raipur, (C.G.) for the o>ence punishable under Sections 296, 351(2) and 109 of Bharatiya Nyaya Sanhita, 2023, 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 8le an undertaking to the e>ect that he shall not seek any adjournment on the dates 8xed 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 8xed, either personally or through his counsel. In case of his absence, without suEcient 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 5 and the applicant fails to appear before the Court on the date 8xed 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 8xed 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 suEcient 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certi8ed copy of this order in accordance with law, if there is no legal impediment. 9. OEce is directed to provide a certi8ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan