1 2026:CGHC:19668 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2770 of 2026 Shankar Kumar Rathore Aged About 32 Years S/o Shri Bodhi Ram Rathore R/o Village Gatoura, Thana Masturi, District Bilaspur (CG) ...Applicant versus State Of Chhattisgarh Through PS Masturi, District Bilaspur (CG) ... Respondent For Applicant : Shri Ramakant Pandey, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/04/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.120/2026 registered at Police Station Masturi, Distt. Bilaspur (C.G.) for the offence punishable under Sections 118(1), 119(1), 296, 351(3) of B.N.S. 2. Case of the prosecution, in brief, is that as per the FIR by the complainant, the present applicant intercepted him on February 26, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.29 13:07:58 +0530 2 2026, between 8:00 AM and 9:00 AM, while he was traveling from his residence to his land. He demanded a sum of Rs.1,00,000 (One Lakh Rupees) as a condition to settle there ongoing land dispute. Upon his refusal to pay the demanded amount, the applicant attacked him with a sharp-edged knife that he was carrying. While he attempted to defend himself, the applicant subjected him to verbal abuse and issued a death threat before fleeing the scene. As a result of the assault, he sustained injuries to his left wrist, the area below the head near the neck, and the left side of his chest, along with several hurts on his back. 3. Learned counsel for the applicant submitted that the applicant is said to have caused injuries to the injured by knife who has received simple injuries on his person. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 26/02/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. She would submit that the applicant has three criminal antecedents, out of which two cases are under the Excise Act and the other one is under the BNS. She would submit that the allegation against the applicant is that he is said to have caused injuries to the injured by knife who has received simple injuries on his person. She would submit that considering the nature of allegation against the applicant, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the 3 case diary. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, allegation against the applicant is that he is said to have caused injuries to the injured by knife who has received simple injuries on his person, period of detention of the applicant since 26/02/2026, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Shankar Kumar Rathore, involved in Crime No.120/2026 registered at Police Station Masturi, Distt. Bilaspur (C.G.) for the offence punishable under Sections 118(1), 119(1), 296, 351(3) of B.N.S., 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 him under Section 269 of Bharatiya Nyaya 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri