1 2026:CGHC:17274 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1489 of 2026 Sitaram Chalki S/o Munuram Chalki, Aged About 39 Years R/o Mustalnar, Patelpara, P.S. Geedam, District Dantewada, Present R/o Kosalnar, 01 Hospital Para, P.S. Barsur, District Bijapur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Barsur, District Dantewada (C.G.) ... Respondent For Applicant : Shri Pravin Kumar Tulsyan, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. 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.014/2025 registered at Police Station Barsur, District Dantewada (C.G.) for the offence punishable under Section 109(1) of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.16 12:13:38 +0530 2 2. Case of the prosecution, in brief, is that on 16.10.2025 at about 8:30 a.m., the accused Sitaram Chalki quarreled with the complainant Banasram Nag over alleged crop damage by his goat. Later, while the complainant was going to work, the accused, with intent to kill, attacked him with a knife, causing bleeding injuries on the right side of the neck and left wrist. On the basis of the said allegation, an F.I.R. was registered and the present applicant was arrested. 3. Learned counsel for the applicant submitted that the applicant is said to have assaulted the injured by knife on his neck on a dispute taken place with respect to grazing of the field of the complainant. It is stated that out of 16 prosecution witnesses 6 prosecution witnesses have been examined including the injured who have supported the prosecution case. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 31/10/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. 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, submission of learned counsel for the parties, further the fact that out of 16 prosecution witnesses 6 prosecution witnesses have been examined, period of detention of the applicant since 31/10/2025, charge sheet has been filed and also considering the fact that trial is 3 likely to take some time for its conclusion, without commenting anything on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Sitaram Chalki, involved in Crime No.014/2025 registered at Police Station Barsur, District Dantewada (C.G.) for the offence punishable under Section 109(1) of 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 4 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 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 gouri