1 2026:CGHC:16890 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3333 of 2026 Altaf Khan S/o Nazir Khan Aged About 23 Years R/o - Bhunda Bharari, Police Station Kota, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Police Station Civil Lines, District – Bilaspur (C.G.) ---- Non-applicant For Applicant : Mr. Danish Ahmad Siddiqui, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 304/2024, registered at Police Station – Civil Lines, District – Bilaspur (C.G.) for the offence punishable under Sections 294, 506, 307 and 34 of the IPC. 2. The case of the prosecution, is that the applicant is posted as Head Guard at Central Jail, Bilaspur, and is submitting a written report dated 29.03.2024 (No. 12223/Warrant/2024) issued by the Jail Superintendent for registration of an offence. It is stated that the accused persons, namely undertrial prisoners Altaf Khan, Firoz Khan, and Jalil Khan, along with convicted prisoner Kamar Ali @ China (who is already serving life imprisonment), formed a group with a common RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 intention inside the jail. On 22.03.2024 at about 5:45 PM, they attacked undertrial prisoner Asif Khan near the "Ashtakon" area of the jail by using sharpened spoons converted into cutting weapons and a screwdriver, with the intention to commit his murder. They repeatedly assaulted him, abused him with filthy language, and threatened to kill him, causing injuries on his left hand when he tried to defence himself. When jail staff, including the Assistant In-charge and other guards on duty, tried to intervene and stop the assault, the accused persons threatened them as well by showing the sharp weapons. The situation could not be controlled initially and was finally brought under control only after raising an alarm. That thereafter offence was registered of the present applicant and investigation was initiated. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in this case. It is also submitted that the applicant is said to have casued injuries to the injured with a sharpened spoon, and it is stated that the applicant was arrested in a criminal case under Section 302 of the IPC and he was granted bail by the Coordinate Bench of this Court vide order dated 19.03.2026 in MCRC No.2257/2026, and the order of the same has been taken in record, and it is stated that a counter case was also lodged against the complainants who were also confined in Police Station Civil Line, District – Bilaspur, bearing Crime No. 303/2024 and they have been acquitted by the trial Court vide judgment and order dated 19.02.2026. The applicant is in jail since 22.04.2025 and trial is 3 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 when the applicant was confined in jail in criminal case under Section 302 of the IPC, he along with the co- accused is said to have assaulted the injured with the help of sharpen spoon, therefore, he is 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 applicant and the fact that the applicant is said to have casued injuries to the injured with a sharpened spoon, and it is stated that the applicant was arrested in a criminal case under Section 302 of the IPC and he was granted bail by the Coordinate Bench of this Court vide order dated 19.03.2026 in MCRC No.2257/2026, and the order of the same has been taken in record, and it is stated that a counter case was also lodged against the complainants who were also confined in Police Station Civil Line, District – Bilaspur, bearing Crime No. 303/2024 and they have been acquitted by the trial Court vide judgment and order dated 19.02.2026, charge-sheet has been filed against the applicant, the applicant is in jail since 22.04.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Altaf Khan, involved in Crime No. 304/2024, registered 4 at Police Station – Civil Lines, District – Bilaspur (C.G.) for the offence punishable under Sections 294, 506, 307 and 34 of the IPC, 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. 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