Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:19676
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2728 of 2026 1 - S. Poles S/o Swariappa Aged About 37 Years R/o Behind Dena Bank, Street No. 08, Chandrashekhar Azad Nagar, Sweeper Mohalla, Khursipar Bhilai, District Durg Chhattisgarh (Detail Of Applicant Properly Not Mentioned In The Impugned Order Sheet And Correct Detail Is Being Mentioned As Per Chargesheet) 2 - S. Aditya Alias Bangaru S/o S. Poles Aged About 20 Years R/o Behind Dena Bank, Street No. 08, Chandrashekhar Azad Nagar, Sweeper Mohalla, Khursipar Bhilai, District Durg Chhattisgarh (Detail Of Applicant Properly Not Mentioned In The Impugned Order Sheet And Correct Detail Is Being Mentioned As Per Chargesheet) 3 - S. Abhishek Alias Abhi S/o S. Thomas Aged About 21 Years R/o Behind Dena Bank, Street No. 08, Chandrashekhar Azad Nagar, Sweeper Mohalla, Khursipar Bhilai, District Durg Chhattisgarh (Detail Of Applicant Properly Not Mentioned In The Impugned Order Sheet And Correct Detail Is Being Mentioned As Per Chargesheet)
... Applicant(s) versus 1 - State of Chhattisgarh Through Police Station Chhawani District Durg Chhattisgarh
... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Avinash Chand Sahu, Advocate For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 28.04.2026 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.29 10:58:21 +0530
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1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No.652/2025, registered at Police Station – Chhawani, District – Durg (C.G.) for the offence punishable under Sections 296, 109, 324(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 25/12/2025 at about 04:00 PM, the complainant and his friend gone to the house of relative N Sumati, where in regarding the old dispute between the present applicants and the victim namely nandu and victim was abused by present applicants and they together attacked the victim with the intention of killing him with a sharp object kept with them by Present applicants had with the intention of killing himself, and when the victim tried to defend himself, he got injured in the thigh and hip of both his legs and started bleeding.
Seeing the incident, complainant and N Sagar intervened and on receiving information about the dispute, my brother S Bala raju and S Satish reached there in Bolero number CG-07-BT-9260, who also vandalized the said vehicle, causing a loss of about Rs 50,000. On the basis of the said incident, an FIR has been registered and the present bail application has been filed. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have falsely been implicated in this case and there is no criminal antecedents registered against the present applicants. He also submits that due to a prior dispute between the present applicants and the victim, namely Nandu, the applicants allegedly abused the victim and, acting in furtherance of their common intention, attacked him with a sharp-edged weapon with the
3 intent to kill. When the victim attempted to defend himself, he sustained injuries on the thigh and hip of both legs and began bleeding profusely. Upon witnessing the incident, the complainant and N. Sagar intervened. Thereafter, on receiving information about the dispute, the complainant’s brothers, S. Bala Raju and S. Satish, arrived at the spot in a Bolero vehicle bearing registration number CG-07-BT-9260. It is further alleged that the applicants also vandalized the said vehicle, causing damage amounting to approximately 50,000. ₹ It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 28.12.2025 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 no criminal antecedents registered against the present applicants and the charge-sheet has been filed in this case. She further submits that injuries sustained by the injured are simple in nature. 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 are no criminal antecedents registered against the present applicants and injuries sustained by the injured is simple in nature, charge-sheet has been filed against the applicants, the applicants are in jail since 28.12.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant No.1 – S. Poles, applicant No.2 – S. Aditya alias
4 Bangaru and applicant No.3 – S. Abhishek alias Abhi involved in Crime No.652/2025, registered at Police Station – Chhawani, District – Durg (C.G.) for the offence punishable under Sections 296, 109, 324(4), 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 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
5 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