1 2026:CGHC:161 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6938 of 2025 Golu Das S/o Shri Arjun Das Aged About 27 Years Occupation- Agriculture, Caste- Panika, R/o Village Kesla, Police Station And Tahsil Sitapur, District Surguja, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Sitapur, District – Surguja, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Siddharth Pandey, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.01.2026 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. 313/2025, registered at Police Station – Sitapur, District – Surguja (C.G.) for the offence punishable under Sections 296, 351(2), 221, 132 and 121(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that a written complaint was lodged by the complainant/Constable No. 836, namely Motilal Paikra, to the effect that he was a part of the patrolling party headed by Police Sub- RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Divisional Officer Sitapur. On 10.08.2025 at about 8:30 PM, they were standing at Meena Bazar, at that time, 7-8 boys, travelling in a classic open jeep, entered their vehicle in Meena Bazar. The complainant along with the SDOP Sitapur went inside the Meena Bazar gate. The complainant asked the driver of the jeep to take the vehicle out of Meena Bazar. The passengers of the vehicle, namely Arun Lakda @ Pandit Gunda Badmash, Alok Uraon, Prince Uraon, Anna Uraon, Raja Uraon, Takku Uraon, Golu Das (present applicant), and some other persons abused him, threatened him with dire consequences, and assaulted him using hands and fists. The driver of the jeep/vehicle fled away from the spot with the vehicle. It has been alleged that all the people were drunk. The complainant also alleged that he suffered injuries to his head, chest, and back. The SDOP Sitapur tried to intervene and, taking undue advantage of the mob, all the accused persons fled away from the spot. On the basis of the aforesaid, an FIR was registered. Hence, this 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 the charge- sheet has not been filed in this case. The applicant along with the co- accused, is said to have assaulted the injured with hands and fists and as per the MLC report, the injuries sustained to the injured are simple in nature. The applicant is in jail since 11.08.2025 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 are no criminal antecedents 3 registered against the present applicant, and the charge-sheet has not been filed in this case. It is further submitted that the applicant along with the co-accused persons are said to have assaulted the complainant/injured due to which he has sustained some injuries on his person, therefore, he is not entitled for grant of bail. 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 though the charge-sheet has not been filed against the applicant, further the applicant along with the co-accused, is said to have assaulted the injured with hands and fists and as per the MLC report, the injuries sustained to the injured are simple in nature, the applicant is in jail since 11.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. 7. Let applicant, Golu Das, involved in Crime No. 313/2025, registered at Police Station – Sitapur, District – Surguja (C.G.) for the offence punishable under Sections 296, 351(2), 221, 132 and 121(1) read with Section 3(5) of the 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 4 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 Rajshekhar