1 2026:CGHC:19630 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3850 of 2026 Rahul Yadav S/o Late Sanjay Yadav Aged About 21 Years R/o Rajeev Nagar, Near Gurukul School, Ward No. 04, Durg, Police Station- City Kotwali, Tehsil And District- Durg (C.G.) (Details Of Applicant Properly Not Mentioned In The Impugned Order Sheet) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S.- City Kotwali, District- Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Avinash Chand Sahu, Advocate For Respondent(s) : Ms. Samiksha Gupta, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.516/2025, registered at Police Station City Kotwali, District- Durg (C.G.) for the offence punishable under Sections AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 115(2), 191(2), 296, 351(3), 109 and 3(5) of the BNS. 2. The prosecution story in brief is that on 24.10.2025, the complainant Neeraj Sahu lodged a report at Police Station City Kotwali, District Durg, stating that he runs a daily-needs shop near Keju Rice Mill, Shitala Mandir, Durg. It is alleged that on the intervening night of 24.10.2025 at about 01:00 AM, while the complainant was standing near Baldau Pan Thela along with his friends Lokesh Yadav and Sagar Sahu, the co-accused persons, namely Nohar Yadav, Saurabh Sinha, Aman Yadav and their associates, arrived in a Maruti Suzuki Wagonr car and, without any provocation, started abusing them in filthy language. Upon objection being raised, the accused persons allegedly threatened the complainant with dire consequences and proceeded to assault him with fists and kicks. It is further alleged that co-accused Nohar Yadav and Aman Yadav inflicted injuries upon the complainant with a sharp-edged weapon (knife), causing serious injuries on his back, chest and abdomen, and also caused a knife injury to Sagar Sahu on his left thigh. On the basis of the aforesaid report, Crime No. 516/2025 has been registered at Police Station City Kotwali, Durg for offences punishable under Sections 296, 115(2), 351(3), 109 and 3(5) of the Bharatiya Nyaya Sanhita, and after completion of investigation, charge-sheet has already been filed against the co-accused persons. Hence, the present bail application is being preferred on the following grounds, amongst others. 3 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has not committed any offence. He further submits that the name of the present applicant is not mentioned in the FIR and further, nothing has been seized from the exclusive possession of present applicant. There are only general allegations against the present applicant that he assaulted the accused with hands and fists. The injuries sustained to the victim are allegedly caused by co-accused namely Nohar Yadav and Aman Yadav with sharp-edged weapon (knife). Furthermore, co-accused namely Dhiraj Nirmalkar has already been enlarged on bail by this Court vide order dated 23.03.2026 in MCRC No. 1361/2026 and the case of the present applicant is similar to that of the co-accused. He lastly submits that applicant is languishing in jail since 25.10.2025 and though the charge- sheet has been filed, the conclusion of the trial is likely to take some time. Hence, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, the learned counsel for the State opposes the bail application of the applicant and submits that case diary of the case is not available. However, she could not dispute the fact that co-accused person has already been granted bail by this Court and the case of the present applicant is similar to that of the co- accused persons. 5. I have heard learned counsel for the parties and perused the bail application. 4 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that co-accused, namely, Dhiraj Nirmalkar has already been enlarged on bail by this Court vide order dated 23.03.2026 in MCRC No. 1361/2026 and the case of the present applicant is similar to that of the co-accused as the present applicant has assaulted the complainant with hands & fists and the injuries sustained to the victim were allegedly caused by co-accused, namely, Nohar Yadav and Aman Yadav with sharp-edged weapon (knife), as such, the case of present applicant is distinguishable from that of the co-accused, Nohar Yadav and Aman Yadav, who assaulted the victim by knife, further the charge-sheet has already been filed and the applicant is languishing in jail since 25.10.2025 hence, this Court is of the opinion that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Let applicant, Rahul Yadav, involved in Crime No.516/2025, registered at Police Station City Kotwali, District- Durg (C.G.) for the offence punishable under Sections 115(2), 191(2), 296, 351(3), 109 and 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 5 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of 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 6 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil