1 2026:CGHC:16441 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1241 of 2026 • Piyar Sai S/o Late Bhaua, Aged About 60 Years R/o Village- Lamgaon, Khalpara Chowki- Raghunathpur, Police Station- Lundra, District Surguja (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station- Lundra, District Surguja C.G. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant : Ms. Seema Verma, Advocate For Respondent/State : Mr. Soumya Rai, Dy.G.A. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09.04.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 241/2025 registered at Police Station : Lundra, District – Sarguja (C.G.) for the offence punishable under Sections 109(1) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution story on the date of incident, it is alleged that on 23.12.2025 the applicant has inflicted cut injury over the chick of injured Suraj with the help of scapula. The incident was VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.10 18:31:55 +0530 2 reported by Sandhya Minj before the Police Station, Lundra, where the offence U/s 109(1) of BNS has been registered against the applicant. 3. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. It is further argued that on the date of incident the Deepak and Suraj entered into the house of applicant and stealing the paddy and the applicant caught hold them while stealing paddy and after knowledge of same, the applicant thrown ace brick upon his son Deepak, but due to mistake, the ace brick was hit to the injured Suraj and he received injury. She further submits that the allegation levelled against the applicant is that applicant has inflicted cut injury over the chick of injured Suraj with the help of axe. She further submits that applicant is 60 years old aged person and he is in jail since 25.12.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel State counsel opposes the bail application and submits that applicant has no previous criminal antecedent and charge-sheet has already been filed before the competent court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, submissions made by learned counsel for the parties and the fact that applicant is 60 years old aged person and charge-sheet has already been submitted before the competent Court and the applicant has been in jail since 25.12.2025, and the trial is likely to take some time for its conclusion, I am of the considered 3 opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Piyar Sai, involved in Crime No.241/2025 registered at Police Station : Lundra, District – Sarguja (C.G.) for the offence punishable under Sections 109(1) of the Bhartiya Nyaya Sanhita, 2023., be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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 forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Vaishali