1 2026:CGHC:723 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9466 of 2025 • Pawan Chakradhari S/o Shri Ramu Chankradhari Aged About 22 Years R/o Kumhar Para, Jarhabhatha, Police Station- Civil Line, District- Bilaspur (C.G.) ... Applicant versus • State Of Chhattisgarh Through - Station House Officer, Police Station- Civil Line, District- Bilaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Divya Sahu, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.01.2026 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. 1245/2025, registered at Police Station – Civil Line, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 331(4), 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. That, the case of prosecution in brief is that the complainant Shailendra Jaiswal lodged a report stating that on 20.10.2025, due to the Diwali festival, he was performing worship rituals at his home. At VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.07 17:53:29 +0530 2 that time, some intoxicated boys were abusing on the terrace above his house. When the complainant went upstairs and asked them not to use abusive language, Pawan Chakradhari, a local resident, along with his companions Manish Suryavanshi and Shivam Yadav, forcibly opened the door of the complainant's house, entered unlawfully and started hurling obscene abuses. When the complainant objected, Pawan Chakradhari, taking out a knife that he had with him, threatened to kill the complainant while showing the knife. Along with this, Pawan Chakradhari and his friends Manish and Shivam Yadav continued to abuse him using filthy language, which deeply hurt the complainant. Based on the report, a criminal case was registered and taken up for investigation. During the investigation, the statements of the complainant and witnesses were recorded, and the scene of the incident was inspected. The named accused Pawan Chakradhari was traced and questioned regarding the incident, and his memorandum statement was recorded under Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 wherein he confessed to committing the incident along with his associates Manish Suryavanshi and Shivam Yadav. He also produced the knife used in the incident - a small knife normally used for cutting vegetables and fruits which was duly seized as evidence on 21.10.2025 at 14:35 hours, thereafter FIR has been lodged against the accused persons, hence, this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is one criminal antecedents registered against the present applicant bearing crime No.457 of 2024 registered at Police Station Civil Line, Bilaspur for offence under Sections 294, 307, 506, 427, 3 147, 148, 149 of IPC and Section 25, 27 of Arms Act, which is pending for it’s conclusion. It is further submitted that the charge- sheet has been filed in this case. The applicant is in jail since 20.10.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedents registered against the present applicant, which is pending and the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of 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 that there is only one criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 20.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Pawan Chakradhari, involved in Crime No.1245/2025, registered at Police Station – Civil Line, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 331(4), 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (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 4 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 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 vaishali