1 2026:CGHC:17923 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3529 of 2026 Lakhan Singh S/o Dhooran Singh Aged About 57 Years Caste Gond, R/o Village Barauta, Police Station Kotadol, Tahsil Bharatpur, District Manendragarh-Chirmiri-Bharatpur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station - Kotadol, District - Manendragarh- Chirmiri-Bharatpur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Hemant Kumar Agrawal, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.04.2026 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. 21/2026, registered at Police Station – Kotadol, District - Manendragarh-Chirmiri- Bharatpur (C.G.) for the offence punishable under Section 109 of Bharatiya Nyaya Sanhita, 2023 (corresponding Section 307 of the IPC). 2. As per the prosecution story, on the occasion of the Holi festival dated 05.03.2026, the injured, Rajkumar Panika, along with the villagers of Barauta, P.S. Kotadol, collected money from the households of the village after singing Fagua Geet. Thereafter, on the next day, they collectively PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.21 14:47:57 +0530 2 purchased a cock and liquor. After cooking the cock, they took it along with the liquor to the house of Kamal Gond. At about 3:00 P.M., the applicant told the injured Rajkumar Panika that he was being given a lesser quantity of liquor, which led to a dispute between them. Thereafter, the applicant allegedly assaulted him on the head with a brass lota. The Police Station Kotadol registered an FIR under Section 109 of the BNS, and after completion of the investigation, a charge-sheet was filed. 3. It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant is alleged to have assaulted the injured with a hard and blunt object however, although the injuries were stated to be grievous in nature, as per the MLC report, only swelling was found. It is also submitted that the applicant has no previous criminal antecedents and has been in custody since 06.03.2026. Considering that the conclusion of the trial is likely to take some time, learned counsel prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. She further submits that from the perusal of the case diary, it is evident that the accused/applicant in his memorandum statement, has admitted to assaulting the injured with a “brass lota”, further the doctor, in the medical report, has stated that the injury sustained by the injured is of a grievous nature, hence, the applicant is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused 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 3 that the charge-sheet has been filed before the competent Court, further as per the MLC report, only swelling was found, also considering the fact that the applicant has no previous criminal antecedents and has been in custody since 06.03.2026, and the conclusion of the trial will take some time, this Court is of the opinion that the applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. Let the applicant - Lakhan Singh, involved in Crime No. 21/2026, registered at Police Station – Kotadol, District - Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Section 109 of Bharatiya Nyaya Sanhita, 2023 (corresponding Sections 307 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 his 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 4 the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against his, 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 his 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 Preeti