1 2026:CGHC:8630 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1715 of 2026 Rakesh Jaiswal S/o Late Sita Ram Jaiswal Aged About 28 Years R/o Village Tiwai, Post - Hata, Chainpur, Bhabhua, Bihar Present R/o Chakhna Center Chhuikhadan, District Khairagarh - Chhuikhadan - Gandai (C.G.) ... Petitioner versus State Of Chhattisgarh Through - Station House Officer, Police Station - Chhuikhadan, District Khairagarh - Chhuikhadan - Gandai (C.G.) ... Respondent For Applicant : Mr. Abhishek Sharma, Advocate For Respondent-State : Mr. Rishabh Bisen, Panel lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 18.02.2026 1. Applicant has filed this Second bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 139/2025 registered at Police Station – Chhuikhadan, District- Khairagarh – Chhuikhadan – Gandai, (C.G.) for offence punishable under Section 103(1) of BNS, 2023. First bail application of the present applicant was withdrawn with 2 liberty to repeat the prayer after examination of the material witness vide order dated 09.09.2025 in MCRC No. 7143 of 2025. 2. Case of prosecution in brief is that, one Chand Khan has lodged a report in concerned Police Station on 02.06.2025 stating that he was informed around 8:30 PM that his brother Jahid Khan died in Government Hospital, Chhuikhadan. When he was in hospital, he was informed by Vishnu Kumar Janghel who was working as guard in Liquor Shop that on 01.06.2025 at about 11:40 PM his brother Jahid Khan near was assaulted by means of hand, fist and club by one Rakesh Jaiswal present applicant near liquor shop. Based on report, FIR was registered against the applicant and he was arrested on 03.06.2025. 3. Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed offence as alleged. He further submits that Vishnu Kumar Janghel and Narendra Kumar Verma have been examined before the learned trail Court and they have not supported the case of prosecution. Till 31.01.2026 only 08 witnesses have been examined out of the total 18 enlisted witnesses. He further submits that the applicant is in jail since 0306.2025, hence he may be enlarged on bail. 4. On the other hand, learned counsel for State opposes the submission made by learned counsel for the applicant and submits that Vishnu Kumar Janghel and Narendra Kumar Verma are eye-witness to the present crime and they saw the assault on deceased. He also submits that the submission of learned counsel for applicant based on deposition of Vishnu Kumar Janghel and Narendra Kumar Verma is subject matter of appreciation by the learned trial Court. 3 5. I have heard learned counsel for the parties and perused the documents enclosed along with the bail application. 6. Taking into consideration the facts and circumstances of the case, nature of allegation, submission made by learned counsel for respective parties and further considering the period of pre-trial detention, without commenting anything on the merits of the case, I am inclined to allow this application. 7. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) 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. 4 (d) 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. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Alfiza JUDGE ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.02.19 14:26:41 +0530