1 2026:CGHC:20456 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4046 of 2026 1 - Jitendra @ Bhola Yadav Son Of Shri Daneshwar Aged About 23 Years R/o. Village Bedegaon, Police Station Nandini Nagar, Tahsil Ahiwara, District Durg (C.G.) 2 - Devendra Deva Yadav Son Of Shri Lalit Yadav Aged About 19 Years R/o Village Banbarad, Police Station Nandini Nagar, Tahsil Ahiwara, District Durg (C.G.) 3 - Sonu Thakur Son Of Shri Durgesh Thakur Aged About 18 Years R/o. Village Banarbad, Police Station Nandini Nagar, Tahsil Ahiwara, District Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Dhamdha, District Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pushpendra Kumar Patel, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/05/2026 1. This is the first bail application filed under Section 483 of the 2 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 06/2026 registered at Police Station Dhamdha, District Durg (C.G.) for the offence punishable under Sections 296, 115(2), 190, 191(2), 191(3), 109 of BNS and Sections 25 & 27 of Arms Act. 2. Case of the prosecution, in brief, is that on 03.01.2026, the complainant along with his friends had gone to attend a village fair (Punni Mela). At about 5:30 PM, when the complainant went near the bank of Shivnath River behind Lodheswar Mahadev Temple, the accused persons, who were already present there, allegedly mistook him for a girl and started passing obscene remarks and abusing him. When the complainant objected, the accused persons, including the present applicant, allegedly assaulted him and his friends with weapons. It is further alleged that the present applicant and co-accused persons attacked the complainant and his companions with knives and other weapons, causing serious injuries. One of the co-accused allegedly inflicted a knife injury on the abdomen of Rahul, while the present applicant allegedly made repeated knife blows on Omkar, causing grievous injuries. The injured persons were taken for medical treatment, and Omkar remained hospitalized for a considerable period. On the basis of the report lodged by the complainant, Police Station Dhamdha registered Crime No. 06/2026 against the applicant and other co- accused under relevant provisions of the Bharatiya Nyaya Sanhita 3 and the Arms Act. During investigation, the applicant was arrested, and weapons used in the offence were seized from him and other co-accused. After completion of investigation, charge- sheet has been filed against the applicant and co-accused persons. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that out of 11 accused persons, 08 accused person have already been granted bail by the trial Court, so far as the injury sustained by the injured is concerned, though the same is grievous in nature, but are not dangerous to life. The applicants are in jail since 04.01.2026, applicant Nos.1 and 3 have no criminal antecedent, but applicant No.2 has two criminal antecedents, which are of the year 2024 and 2025 under the BNS, further the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicants, along with co-accused persons, are alleged to have formed an unlawful assembly and, upon objection to their abusive conduct, assaulted the complainant and his companions with knives and other weapons, causing grievous injuries. It is specifically alleged that 4 the applicants actively participated in the assault, including inflicting repeated knife blows on the injured persons, and weapons used in the offence were seized from their possession, indicating their direct involvement. She also submits that due to the said assault, injured Rahul and Omkar sustained serious injuries, out of whom Omkar suffered grievous injuries and remained hospitalized for treatment for a considerable period, thereby reflecting the severity of the incident. Further, applicant No.2 has two criminal antecedents of the year 2024 and 2025 under the BNS, therefore, the applicants are not entitled for grant of bail. 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, nature and gravity of offence, period of detention of the applicants since 04.01.2026, the fact that though the applicants, along with co-accused persons, are alleged to have assaulted the complainant and his companions with knives and other weapons, causing grievous injuries, due to which, injured Rahul and Omkar sustained serious injuries, out of whom Omkar suffered grievous injuries and remained hospitalized for a considerable period, and also underwent minor surgery, but considering the fact that 08 of the co-accused persons have already been granted bail by the trial Court and the charge-sheet has been filed, this Court is of the 5 view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicants-Jitendra @ Bhola Yadav, Devendra Deva Yadav and Sonu Thakur, involved in Crime No. 06/2026 registered at Police Station Dhamdha, District Durg (C.G.) for the offence punishable under Sections 296, 115(2), 190, 191(2), 191(3), 109 of BNS 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 applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in 6 accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 9. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously preferably within a period of six months from the date of receipt of certified copy of this order, in accordance with law, if there is no legal impediment. 10. 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 Akhil