1 2026:CGHC:2223 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 491 of 2026 1 - Mukesh Kumar S/o Atwar Sai Aged About 36 Years R/o Gram Gorta, Police Station And Tehsil Lakhanpur, District Sarguja C.G. 2 - Shivlal S/o Late Bandhan Sai Aged About 45 Years R/o Gram Gorta, Police Station And Tehsil Lakhanpur, District Sarguja C.G. ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Lakhanpur, District – Sarguja, C.G. ---- Non-applicant For Applicants : Mr. Shreshtha Gupta, Advocate. For Non-applicant/State : Mr. Priyank Rathi, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.01.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 209/2025, registered at Police Station – Lakhanpur-Ambikapur, District – Sarguja (C.G.) for the offence punishable under Sections 296(B), 351(3), 115(2), 190, 191(3) and 109 of the BNS. 2. The case of the prosecution, is that the FIR was lodged by the complainant Lokhan Ram against Mukesh Das, Shivlal Das, Umesh RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Kumar Das and Etwar Saay and others at around 8.30 pm when he was returning home with his brother Mukeshwar from near the village Gorta Jhanwarpara Ganesh pandal, a little ahead of the Ganesh pandal in Jhanwarpara all accused persons started abusing him with obscene language, and threatened to kill him and started assaulting him with sticks, hands and fists, then seeing the fight Mukeshwar and his elder father Mohit Ram Rajwade tried to intervene, due to their beating the applicant suffered injuries on both his hands and waist and his elder father Mohit Ram Rajwade suffered injuries. Mukeshwar, Muniya Rajwade, Munna Rajwade, Humesh Rajwade witnessed and heard the incident and intervened. The complainant's report was registered in Lakhanpur Police Station as Crime number 209/2025 and taken into investigation by the Police. During the investigation, it was found that a total of 06 accused had committed the crime. The present applicant had been alleged for committing the above registered crime and had been arrested. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and the charge-sheet has been filed. It is further submitted that as per the allegation the applicants along with the co-accused persons are said to have assaulted the two injured persons, out of which one has suffered grievous injuries and one has suffered simple injuries, but there are cross reports of the incident and both the sides have lodged the FIR against each other and the FIR lodged by the applicant’s side was registered at the Police Station Lakhanpur, District – Sarguja for the offence under Sections 115(2), 296(b), 351(2) and 3(5) of the BNS, 3 further the fact that both sides have received injuries, and the co- accused persons who are family members of the applicants have already been enlarged on bail by the trial Court. The applicants are in jail since 21.11.2025 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 the charge-sheet has been filed in this case. It is further submitted that the applicants along with the co- accused persons are said to have assaulted the two injured persons, out of which one has suffered grievous injuries and one has suffered simple injuries, therefore, they are 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 applicants and the fact that the charge-sheet has been filed against the applicant, as per the allegation the applicants along with the co-accused persons are said to have assaulted the two injured persons, out of which one has suffered grievous injuries and one has suffered simple injuries, but there are cross reports of the incident and both the sides have lodged the FIR against each other and the FIR lodged by the applicant’s side was registered at the Police Station Lakhanpur, District – Sarguja for the offence under Sections 115(2), 296(b), 351(2) and 3(5) of the BNS, further the fact that both sides have received injuries, and the co- accused persons who are family members of the applicants have 4 already been enlarged on bail by the trial Court, the applicants are in jail since 21.11.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Mukesh Kumar and Shivlal, involved in Crime No. 209/2025, registered at Police Station – Lakhanpur-Ambikapur, District – Sarguja (C.G.) for the offence punishable under Sections 296(B), 351(3), 115(2), 190, 191(3) and 109 of the 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 of liberty of bail and proceed against him in accordance with law. 5 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