1 2026:CGHC:19671 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2755 of 2026 Lacky Chandrakar S/o Shri Bhushan Chandrakar Aged About 26 Years R/o Village Bhaismundi, Police Station Kurud, District- Dhamtari (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Kurud, District- Dhamtari (C.G.) ... Respondent For Applicant : Shri Mayank Chandrakar, Advocate. For Respondent/State : Ms. Ritika Verma, 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.07/2026 registered at Police Station Kurud, District- Dhamtari (C.G.) for the offence punishable under Sections 296 (2), 115(2), 351(2), 126(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 and sections 25, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.29 13:07:57 +0530 2 27 of Arms Act (as per charge-sheet). 2. Case of the prosecution, in brief, is that on 10.01.2026, the complainant Omprakash Yadav lodged a report at Police Station Kurud alleging that on 10.01.2026, the accused persons acted in concert to intercept his car bearing registration No. CG-05-AB-9426 near the Maurikhurd bridge. Regarding the closure of a poultry farm, they allegedly abused him with obscene language, threatened his life and assaulted him with fists and a sharp object, causing an injury to his back. Upon hearing the commotion, the complainant's son Tushar Yadav and his associate Gupteshwar Sinha intervened, following which the accused persons collectively abused, threatened and physically assaulted them as well. On the basis of the complainant's report, Police Station Kurud registered first information report bearing Crime No. 07/2026 under Sections 296 (2), 115(2), 351(2), 126(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 and taken under investigation. During the course of investigation, section 25, 27 of Arms Act were inserted and after completion of entire investigation, charge-sheet has been filed. 3. Learned counsel for the applicant submitted that there are cross reports of the incident. He would submit that both the sides have received injuries and from the side of the applicant also three persons have received injuries and one of them had received knife injury. He would submit that the applicant has four criminal antecedents, out of which, in one case he has been acquitted, in two cases compromise has been done and in one case under the Motor Vehicles Act fine has been imposed upon the applicant. He would submit that the charge 3 sheet has been filed in this case, the applicant is in jail since 09/02/2026 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 five criminal antecedents and four cases have been explained in para 4(a) of the bail application, out of which, in one case applicant has been acquitted, in two cases compromise has been done and in one case under the Motor Vehicles Act fine has been imposed upon the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the fact that there are cross reports of the incident and both the sides have received injuries, period of detention of the applicant since 09/02/2026, 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. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Lacky Chandrakar, involved in Crime No.07/2026 registered at Police Station Kurud, District- Dhamtari (C.G.) for the offence punishable under Sections 296 (2), 115(2), 351(2), 126(2), 3(5) 4 of Bharatiya Nyaya Sanhita, 2023 and sections 25, 27 of Arms Act, 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 5 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