1 2026:CGHC:12960 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2536 of 2026 Bhawani Shankar Tiwari S/o Hulas Ram Tiwari Aged About 39 Years R/o Thakur Devpara, Purani Basti Charoda, Purani Bhilai, District- Durg (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station - Purani Bhilai, District- Durg (C.G.) ... Non-applicant For Applicant : Mr. Mayank Chandrakar, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Deputy Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.03.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 394/2025 registered at Police Station- Purani Bhilai, District- Durg (C.G.), for the offence punishable under Sections 109, 296, 351(3), 115(2), 308(4) and 3(5) of Bhartiya Nyaya Sanhita, 2023 (for short, ‘BNS’). 2. Brief facts of the prosecution case are that on 15.10.2025 at about 10:10 PM, the complainant, Hemraj Sahu, was sitting and talking with his PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.03.19 10:48:44 +0530 2 companions, namely Pawan Nishad, Harsh Vardhan Patel, Daneshwar Patel and Rajendra Nath Jogi, near Pani Tanki, Narayani Bhawan. After some time, Rajendra Nath Jogi left the place to go home. It is alleged that when the complainant also came out of the building to proceed towards his house, he saw co-accused Bhawani Shankar Tiwari demanding extortion money from Rajendra Nath Jogi, which the latter refused. Thereafter, Bhawani Shankar Tiwari allegedly caught hold of the complainant’s collar and threatened him, stating that he would get him killed and that they would not spare them. At that point, co-accused Kalu Thakur allegedly came from behind and assaulted the complainant on his head with a thick stick, causing a serious head injury. It is further alleged that Bhawani Shankar Tiwari also beat him with a stick and that co-accused Nanu Tiwari and the present applicant Durgesh Kumar Yadav assaulted him by fists and kicks. When Rajendra Nath Jogi and Pawan Nishad tried to intervene, they were also allegedly beaten by the accused persons. 3. On the basis of the complainant’s report, an FIR was registered on 16.10.2025 at Police Station Purani Bhilai as Crime No. 394/2025 against co-accused persons and the present applicant for offences under Sections 109, 296, 351(3), 115(2), 308(4) and 3(5) of the BNS. During the course of investigation, Section 308(4) of the BNS was also added. After completion of investigation, charge-sheet was filed on 28.11.2025 before the learned Judicial Magistrate First Class, Bhilai-3, District Durg (C.G.) against the present applicant and 3 other co-accused persons under Sections 109, 296, 351(3), 115(2), 308(4) and 3(5) of the BNS. 4. Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the present case. It is further submitted that the charge-sheet has already been filed. 3 Learned counsel further submits that the applicant has 29 previous criminal antecedents, out of which only two cases are presently pending, and the explanation in respect thereof has been annexed by way of a covering memo. It is also submitted that two co-accused persons, namely, Durgesh Kumar Yadav and Suryakant Singh @ Kalu Thakur, have already been granted bail by this Court vide orders dated 21.01.2026 and 19.02.2026 passed in MCRC Nos. 10458/2025 and 1626/2026, respectively. It is further submitted that the applicant is in judicial custody since 16.10.2025 and the conclusion of the trial is likely to take considerable time. Therefore, a prayer has been made for grant of bail to the applicant on the ground of parity. 5. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case and could not dispute the fact that the co-accused persons have been granted bail by this Court. She further submits that the applicant has 29 previous criminal antecedents, hence he is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, the nature and gravity of the offence, and the fact that two co-accused persons, namely, Durgesh Kumar Yadav and Suryakant Singh @ Kalu Thakur, have already been granted bail by this Court vide orders dated 21.01.2026 and 19.02.2026 passed in MCRC Nos. 10458/2025 and 1626/2026, respectively; further considering that the applicant has 29 previous criminal antecedents, out of which only two are pending and the remaining cases are old and stale, and that the charge-sheet has been filed and the applicant is in judicial custody since 16.10.2025, this Court is 4 of the view that the applicant is entitled to be released on bail in the present case on the ground of parity. 8. Accordingly, the bail is allowed. Let the Applicant- Bhawani Shankar Tiwari, involved in Crime No. 394/2025 registered at Police Station- Purani Bhilai, District- Durg (C.G.), for the offence punishable under Sections 109, 296, 351(3), 115(2), 308(4) and 3(5) of Bhartiya Nyaya Sanhita, 2023 (for short, ‘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 5 default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Preeti