1 2026:CGHC:18978 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3742 of 2026 Jai Aditya Tiwari @ Ansh S/o Ashok Tiwari, Aged About 21 Years R/o Jarhagarh, Police Station - Ambikapur, District – Surguja, C.G. … Applicant versus State of Chhattisgarh Through Police Station – Amibikapur, District - Surguja C.G. ... Non-Applicant For Applicant : Mr. Anurag Singh, Advocate. For Non-Applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24.04.2026 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. 781/2025, registered at Police Station – Amibikapur, District - Surguja (C.G.) for the offence punishable under Sections 296(b), 351(3), 115(2), 331(6) and 191(1) of Bharatiya Nyaya Sanhita, 2023. 2. As per case of the prosecution, the complainant, Saurabh Mishra, aged about 29 years, son of Rakesh Mishra and resident of Bauripara, appeared at the Police Station and submitted a written complaint stating that on 20.10.2025 in the evening, accused Ansh Pandit had a quarrel with his cousin Prakhar Mishra near Hotel Avalon. Owing to the said PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.25 12:15:48 +0530 2 dispute, on 21.10.2025 at about 01:30 AM, Ansh Pandit, along with Golu alias Ganesh, present applicants and other associates, came near the complainant's house, abused loudly and threatened that they would kill Saurabh Mishra and Prakhar Mishra. It is alleged that they damaged the vehicles parked outside the house, namely Innova, Hyundai i20 and Honda Amaze, by breaking their window glasses. Thereafter, Ansh Pandit's father Baba Pandit, and his wife also reached the spot, and all the accused persons forcibly entered the house by pushing the main door, abused the complainant and assaulted him and his cousin with hands, fists, sticks and other weapons. It is specifically alleged that Ansh Pandit assaulted the complainant on the head with a weapon, causing bleeding injuries, while the other accused also participated in the assault. On hearing the commotion, family members and passersby, namely Himanshu Singh and Manish Singh, intervened to rescue them, during which Himanshu Singh was also assaulted and sustained injuries. On the basis of the said report, an offence has been registered against the accused persons and the matter has been taken up for investigation. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the co-accused persons, namely, Ashok Kumar Tiwari, Om Tiwari, and Sudhanshu Rai @ Chinu Pandi, have already been granted bail by this Court vide order dated 23.02.2026 passed in MCRC Nos. 9365/2025 and 9912/2025, respectively. A copy of the said orders has been annexed as Annexure A/2 to the present bail application. It is further contended that the charge-sheet has already been filed. Learned counsel submits that the applicant has 27 previous criminal cases, out of which 21 cases have already been decided, and an explanation thereof has been provided in paragraph 4(a) of the present bail application. It is 3 also submitted that the applicant has been in judicial custody since 20.10.2025. In view of the aforesaid circumstances, learned counsel prays that the applicant be enlarged on bail on the ground of parity. 4. On the other hand, learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. He further submits that the applicant has 27 previous criminal antecedents which shows that he is a habitual offender, therefore, it is argued that 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, the nature and gravity of the allegations levelled against the applicant, and the fact that the charge-sheet has been filed before the competent Court, further the co-accused persons, namely, Ashok Kumar Tiwari, Om Tiwari, and Sudhanshu Rai @ Chinu Pandi, have already been granted bail by this Court vide order dated 23.02.2026 passed in MCRC Nos. 9365/2025 and 9912/2025, respectively, further the applicant has 27 previous criminal cases, which has been duly explained in paragraph No. 4(a) of the present bail application, and the applicant is in jail since 20.10.2025, this Court is of the opinion that the applicant is entitled to be released on bail in the present case on the ground of parity. 7. Accordingly, the bail application is allowed. Let the applicant - Jai Aditya Tiwari @ Ansh, involved in Crime No. 781/2025, registered at Police Station – Amibikapur, District - Surguja (C.G.) for the offence punishable under Sections 296(b), 351(3), 115(2), 331(6) and 191(1) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 4 personal bond with two heavy 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 5 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 Preeti