1 2026:CGHC:2195 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 459 of 2026 Ayush Agrawal S/o Late Jayant Agrawal Aged About 25 Years R/o House No. 229, Uni Homes, Bhanthagaon, P.S. Purani Basti, District Raipur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through - Station House O1cer, Police Station D.D. Nagar, Raipur, District Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Rekhraj Baghel, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.01.2026 1. This is the 9rst bail application 9led 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. 409/2025 registered at Police Station D.D. Nagar, Raipur, District Raipur, (C.G.) for the o?ence punishable under Sections 296, 109(1), 191(2), 192(3) and 3(5) of BNS of Bharatiya Nyaya Sanhita, 2023. (for short ‘BNS’) 2. Case of the prosecution, in brief, is that the complainant lodged a complaint before the concerned Police Station alleging that, at the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 time of the incident, a minor dispute arose between the parties due to previous enmity, pursuant to which the accused persons assaulted the injured. On the basis of the said complaint, the police registered an o?ence against the applicant and other co-accused for the o?ences punishable under Sections 296, 109(1), 191(2), 192(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, as he has no nexus whatsoever with the incident alleged by the prosecution. It is contended that at the time of the alleged occurrence, there was only a minor dispute between the parties and the applicant neither assaulted the injured person nor committed any o?ence as alleged. He further submits that the injuries sustained by the injured are simple in nature and not grievous. It is also argued that there is no credible evidence on record to substantiate the allegations against the applicant and, therefore, no prima facie case is made out. He also submits that the present applicant has no criminal antecedent, he is in jail since 13.09.2025, charge-sheet has been 9led 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 respondent/State opposes the bail application and submits that the charge-sheet has been 9led in the present case before the 3 competent Court. She further submits that the allegations against the applicant are serious in nature and arise out of prior enmity, wherein the applicant, along with other co-accused, assaulted the injured. It is further submitted that applicant has one criminal antecedent and there is su1cient prima facie material available on record connecting the applicant with the commission of the o?ence, and considering the nature of the o?ence and the role attributed to the applicant, 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. Taking into consideration the facts and circumstances of the case, nature and gravity of o?ence, period of detention of the applicant since 13.09.2025, the fact that the applicant along with co-accused assaulted the injured, who has sustained injuries, which is non vital part of the body and as per the MLC report the injured has received injuries which are simple in nature not in a grievous injuries, further the applicant has one criminal antecedent and charge-sheet has been 9led 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 bail application is allowed. 7. Accordingly, the bail application is allowed. Let the Applicant- Ayush Agrawal, involved in Crime No. 409/2025 registered at Police Station D.D. Nagar, Raipur, District Raipur, (C.G.) for the o?ence punishable under Sections 296, 109(1), 191(2), 192(3) and 3(5) of BNS of Bharatiya Nyaya Sanhita, 2023, be released on bail 4 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 9le an undertaking to the e?ect that he shall not seek any adjournment on the dates 9xed 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 9xed, either personally or through his counsel. In case of his absence, without su1cient 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 9xed 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 9xed for (i) opening of the case, (ii) framing of charge and (iii) recording of 5 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without su1cient 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. O1ce is directed to provide a certi9ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan