1 2026:CGHC:12965 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2263 of 2026 Kapil Ram S/o Manbodh Ram Aged About 25 Years R/o- Village- Ladua, P.S. And Tahsil- Rajpur, District- Balrampur-Ramanujganj, C.G. ... Applicant(s) versus State Of Chhattisgarh Through- S.H.O., P.S.- Naya Rajpur, District- Balrampur-Ramanujganj, (C.G.) ... Non-applicant(s) For Applicant : Mr. Pushkar Sinha, Advocate For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.03.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 03/2026, registered at Police Station : Rajpur, District- Balrampur- Ramanujganj (C.G.) for the o;ence punishable under Sections 296, 351(2), 137(2), 121(2) of BNS. 2. The case of the prosecution, in brief, is that the complainant, Krishnanath Toppo, lodged a written report alleging that on 04.01.2026, a minor boy aged about 07 years, namely Sanskar KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Toppo, was accused of theft of matar (peas), and thereafter, the accused person illegally detained the said minor, tied his hands and legs, assaulted him with a cycle tyre, and threatened him with dire consequences. On the basis of the said written complaint, an o;ence has been registered under Sections 296, 351(2), 137(2), and 121(2) of the B.N.S. Thereafter, the applicant/accused was arrested on 07.01.2026 and has been in judicial custody since then. 3. Learned counsel for the applicant submits that the prosecution case does not disclose any allegation of assault causing injury to the minor, nor is there any medical evidence to substantiate the use of force and thus the allegations of wrongful con>nement and assault are false and concocted. It is contended that the minor was only apprehended while committing theft of peas from the applicant’s >eld and was released after informing his father, however, a false report has been lodged at the instigation of others. It is further submitted that the alleged o;ences are not punishable with death or life imprisonment, the applicant is aged about 25 years, is an agriculturist and the sole earning member of his family, his aged parents are dependent upon him and he has been in custody since 07.01.2026 and in the present case, charge-sheet has been >led and the applicant has no criminal antecedents therefore, no useful purpose would be served by keeping him in jail and no custodial interrogation is required and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail. 4. On the other hand, learned State counsel opposes the prayer for 3 grant of bail and submits that the applicant has actively participated in the commission of the o;ence and has assaulted the minor victim, who has sustained injuries, though simple in nature. It is contended that the allegations against the applicant are serious in nature and cannot be brushed aside at this stage. It is further submitted that considering the gravity of the o;ence and the manner in which the incident has been committed, the applicant is not entitled to be released on bail. However, it is fairly conceded that the charge-sheet has already been >led before the competent Court and the applicant has no criminal antecedent. Accordingly, it is prayed that the bail application be rejected. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, the nature of allegations, the period of detention of the applicant since 07.01.2026, and the fact that the injuries sustained by the victim are simple in nature, coupled with the fact that the charge- sheet has already been >led and the applicant has no criminal antecedents and the trial is likely to take considerable time for its conclusion, this Court is of the view that further custodial detention of the applicant is not warranted. Accordingly, without commenting on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. 7. Accordingly, the bail application of the applicant is allowed. 8. Let applicant, Kapil Ram, involved in Crime No. 03/2026, registered at Police Station : Rajpur, District- Balrampur- 4 Ramanujganj (C.G.) for the o;ence punishable under Sections 296, 351(2), 137(2), 121(2) of BNS, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall >le an undertaking to the e;ect that he shall not seek any adjournment on the dates >xed 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 >xed, either personally or through his counsel. In case of his absence, without suBcient 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 >xed 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 >xed 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 suBcient 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. 9. OBce is directed to send a certi>ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal