1 2026:CGHC:17184 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3369 of 2026 Vijay Naresh @ Chappu Sonkar S/o Udhoshyam Sonkar Aged About 36 Years R/o Madhuban Atal Awas, Nariyal Kothi Police Station City Kotwali, District Bilaspur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, District Bilaspur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Rahul Goswami, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 646/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 City Kotwali, District Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1) of BNS and Section 25, 27 of the Arms Act. 2. Case of the prosecution, in brief, is that on 30.11.2025 at about 5:30 PM, the informant, Sanat Kumar Bhagat, while returning home, had an interaction with the accused. During the course of the incident, the accused, in a fit of rage, abused the informant and assaulted him with a sharp-edged weapon, causing injuries. On the basis of the report lodged by the informant, a case was registered at Police Station City Kotwali, Bilaspur vide Crime No. 646/2025 under Sections 296, 351(2), and 115(2) of the BNS Act, 2023. During investigation, considering the nature of injuries and medical report of the injured, Section 118(1) of the BNS Act and Sections 25 and 27 of the Arms Act were also added. The accused was arrested, and after completion of investigation, a charge sheet was filed before the competent Court. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that though the applicant is alleged to have assaulted the injured with knife on his thigh, but as per MLC Report, the injuries were found to be simple in nature. The applicant is in jail since 01.12.2025, the applicant has four criminal antecedents of the years 2008, 2019 and 2025, out of 3 which, cases of 2008 and 2019 have already been disposed of and cases of 2025 are pending against the applicant, further the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant is alleged to have assaulted the injured with knife, due to which, the injured sustained injures on his thigh, further the applicant has four criminal antecedents, out of which, two are of the years 2008, 2019, one is of the year 2025 under the NDPS Act and one is of the year 2025 under the BNS. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 01.12.2025, the fact that though the applicant is alleged to have assaulted the injured with knife, due to which, the injured sustained injures on his thigh, but considering the fact that as per MLC Report, the injuries were found to be simple in nature, so far as criminal antecedents of the applicant are concerned, applicant has four criminal antecedents of the years 2008, 2019 and 2025, 4 out of which, cases of 2008 and 2019 have already been disposed of and cases of 2025 are pending against the applicant, further the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Vijay Naresh @ Chappu Sonkar, involved in Crime No. 646/2025 registered at Police Station City Kotwali, District Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 118(1) of BNS and Section 25, 27 of the Arms Act, 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 5 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. 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 Akhil