1 2026:CGHC:16440 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1251 of 2026 Mohammad Jalalluddin S/o Mohammad Nassiruddin Mansuri Aged About 35 Years R/o Near Jalaram Mandir, Shahid Nagar, Khamtarai, Raipur, District : Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through P.S. Khamtarai, Raipur, District : Raipur, Chhattisgarh ... Respondent(s) For Applicant : Mr. Akash Kumar Kundu, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09/04/2026 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2026.04.10 17:42:17 +0530 2 been arrested in connection with Crime No. 20/2025, registered at Police Station- Khamtarai, District- Raipur (CG) for the offence punishable under Sections 191(3), 296-296, 35193)-351(3) and Section 109 r/w Section 190- Section 109 r/w Section 190 of BNS, 2023. 2. The prosecution case, in brief, is that the complainant, Ghanshyam Sahu, received a telephonic call from his elder brother, Durgesh Sahu, on 09.01.2025, informing him that one Gulzar was quarrelling with him near Jalaram Mandir. Upon reaching the spot, the complainant allegedly found that Gulzar and the present applicant, along with another co-accused, were assaulting his brother. When the complainant intervened, the accused persons allegedly abused him in filthy language and also assaulted him. It is further alleged that accused Gulzar and Putwa used a sharp-edged weapon during the assault, thereby causing injuries to both the complainant and his brother. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has no criminal antecedents and has been roped in due to prior enmity. It is further submitted that the role attributed to the applicant is general and omnibus in nature, whereas the specific allegation of use of sharp-edged weapon is against co-accused Gulzar and Putwa. It is also submitted that the applicant is in custody and the investigation has been completed and charge-sheet has been filed; therefore, no further custodial 3 interrogation is required. The applicant is a permanent resident and there is no likelihood of his absconding or tampering with evidence. It is further submitted that the trial is likely to take considerable time for its conclusion. 4. Per contra, learned counsel for the State opposes the bail application and submits that the applicant was part of the unlawful assembly and actively participated in the assault, and therefore, he is not entitled to bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From the perusal of the case diary, it appears that the incident arose out of a sudden quarrel. The specific allegation of use of a sharp-edged weapon is attributed to co-accused persons, whereas the present applicant is alleged to have been part of the assault with a general role assigned. The role attributed to the applicant is not specific in nature, and the allegation of causing grievous injury by use of sharp weapon is against co-accused persons. The case is primarily based on statements of witnesses and medical evidence, which are already part of the record, thereby reducing the possibility of tampering. 7. Considering the totality of facts and circumstances of the case, the nature of allegations, the period of detention, the filing of the charge-sheet, absence of criminal antecedents, and the limited role attributed to the applicant, this Court is of the considered view 4 that it is a fit case to extend the benefit of bail to the applicant, without commenting on the merits of the case. 8. Let the Applicant- Mohammad Jalalluddin, involved in Crime No. 20/2025, registered at Police Station Khamtarai, District- Raipur, (C.G.) for the aforesaid offences be released on bail on their furnishing a personal bond with two local 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 them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of 5 BNSS, is issued and the applicant fail 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 Bhartiya Nyaya Sanhita, 2023. (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 BNSS. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. 9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Madhurima