1 2026:CGHC:20202 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3960 of 2026 Lucky Das Manikpuri S/o Sunil Das Manikpuri Aged About 19 Years R/o Ganesh Nagar, Nayapara, P.S. Sirgitti, Tahsil And District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. Sirgitti, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Sanjay Kumar Sahu, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.04.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 23/2026 registered at Police Station – Sirgitti, District Bilaspur (C.G.) offence under Sections 296, 115(2), 117(4), 118(2), 351(2), 324(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 26 of the Arms Act. 2. As per the prosecution story, in brief, on 06.01.2026, the complainant, Sunita Pandey, lodged a report at Police Station Sirgitti, Bilaspur (C.G.), stating that on 05.01.2026 at about 10:00 PM, her son, Rudra Pandey, who resides at his grandmother’s house, called her on the phone and ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.05.01 18:56:38 +0530 2 informed her that some time earlier, Anish, Sundar, and their other friends, under the influence of alcohol, were abusing people while warming themselves by a fire in the neighborhood and had broken the asbestos sheet of the house by throwing stones. Thereafter, the members of the house came out and asked them not to throw stones. Upon this, Anish, Sundar, along with their friends, became angry, started abusing them in filthy language, and threatened to kill them. They also assaulted Bhagirathi Pathak, Lakshmi Pathak, and Pooja Pathak with a stick and a sharp object. Upon receiving this information, the complainant immediately went home and saw that the asbestos sheet of the house was broken. Her father was drenched in blood and had sustained a serious injury on his left leg, along with injuries near his eye. Her sister-in- law and brother had also sustained injuries on their shoulders, hands, chest, and back. On the basis of the aforesaid report, a case was registered against the present applicant/accused and other co-accused under Sections 296, 115(2), 351(2), 324(2), and 3(5) of the BNS. After investigation, Sections 117(4) and 118(2) of the BNS, along with Sections 25 and 26 of the Arms Act, were also added. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He further submits that the prosecution story itself is unreal and improbable, which clearly shows that the case has been lodged with a mala fide intention only to harass the applicant. Initially, the offences alleged against the applicant were purely bailable in nature, and the applicant had approached the competent Court by filing an anticipatory bail application, wherein it was observed that the offences are bailable and, therefore, the remedy of anticipatory bail is not maintainable. Pursuant to the said observation, the applicant bona fide appeared/surrendered before the police authorities, 3 showing his utmost respect for the law and his willingness to cooperate with the investigation. However, with an ulterior motive and only to defeat the liberty of the applicant, the police authorities subsequently added new sections of a non-bailable nature at the time of surrender/arrest, which clearly reflects mala fide intention and abuse of the process of law. He also submits that the applicant has been subjected to severe physical assault and custodial violence by the police authorities while in custody at the police station, which is wholly illegal, unconstitutional, and in gross violation of the fundamental rights guaranteed under Article 21 of the Constitution of India. The conduct of the police officials clearly reflects abuse of power and high-handedness, and the applicant has been illegally beaten and tortured despite having voluntarily surrendered before the authorities. He submits that though the applicant has 02 antecedents under the IPC, they have already been disposed of cases. He submits that the applicant is in jail since 07.02.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. Learned State counsel opposes the bail application and submits that the present applicant, along with the main accused Sundar and other co- accused persons, actively participated in the incident and supported the unlawful assault committed against the complainant’s family members. It is submitted that Sundar was the main accused who assaulted the injured person with a knife, causing grievous injuries, while in the incident, four persons sustained injuries, out of whom three received simple injuries and one suffered grievous injuries. Considering the serious nature of the crime, the applicant’s active participation, and the possibility of influencing witnesses, the bail application deserves to be rejected. 4 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 and from perusal of the case diary, it transpires that the main allegation is against the co-accused, namely Sundar, who assaulted the injured with a knife, resulting in grievous injuries. So far as the present applicant is concerned, his case is distinguishable from that of the co-accused Sundar, as the only allegation against him is that he assaulted the injured with hands and fists, causing simple injuries. Furthermore, the charge- sheet has already been submitted before the competent Court and he is in jail since 07.02.2026, conclusion of the trial may take some time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Lucky Das Manikpuri, involved in Crime No. 23/2026 registered at Police Station – Sirgitti, District Bilaspur (C.G.) offence under Sections 296, 115(2), 117(4), 118(2), 351(2), 324(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 25 and 26 of the Arms Act, be released on bail on furnishing 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 his under Section 269 5 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 Abhishek