1 2026:CGHC:20453 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4053 of 2026 1 - Sunil Kenvat S/o Shri Johan Lal Kenvat Aged About 24 Years R/o Bhawani Temple, Jogia Dera, P.S. Balco Nagar, District Korba Chhattisgarh 2 - Sirat Kenvat S/o Mahesh Kenvat Aged About 29 Years R/o Bhawani Temple, Jogia Dera, P.S. Balco Nagar, District – Korba, Chhattisgarh ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Balco Nagar, District - Korba (C.G.) ... Non-Applicant For Applicants : Mr. Vinod Kumar Dewangan, Advocate. For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 01.05.2026 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. 136/2026, registered at Police Station – Balco Nagar, District - Korba (C.G.) for the offence punishable under Sections 296, 115(2), 109(1), 190(2) and 190(3) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that the complainant lodged a report at the concerned police station alleging, inter alia, that on the date of the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.02 11:16:56 +0530 2 incident, which was a holy festive day, a minor dispute arose between the complainant and the accused persons at the complainant’s house. It is further alleged that, thereafter, the accused persons assaulted the injured person with a knife and danda, as a result of which the injured sustained certain injuries. On the basis of the said complaint, the police registered an offence under Sections 296, 115(2), 109(1), 190(2), and 190(3) of the Bharatiya Nyaya Sanhita against unknown persons. Subsequently, solely on the basis of suspicion and memorandum statements, the present applicants have been implicated, an FIR has been registered against them, and they have been arrested in connection with the aforesaid offences. 3. It is argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that the prosecution has neither seized any article from the possession of the present applicants, and that the applicants have been falsely implicated in the present crime merely on the basis of suspicion, without any sufficient material. Learned counsel further submits that the applicants have also lodged an FIR against the complainant, and that the injuries sustained by the victim are simple in nature. It is also submitted that the charge-sheet has already been filed. The applicants have no previous criminal antecedents and have been in judicial custody since 06.03.2026. As the conclusion of the trial is likely to take a considerable amount of time, learned counsel prays that the applicants be granted bail. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. He further submits that the applicants/accused are charged with the allegation that, along with co-accused persons, they went to the complainant’s house on the day of the Holi festival, hurled obscene 3 abuses at him, and, in furtherance of their common intention, caused grievous injuries to the complainant and the injured person, hence, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that there is a cross-report of the incident wherein both sides have sustained injuries which are simple in nature, further considering that the applicant has no previous criminal antecedents, the charge-sheet has already been filed, the applicant has been in judicial custody since 06.03.2026, and the conclusion of the trial is likely to take some time, this Court is of the opinion that the applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. Let applicant Nos. 1 and 2 - Sunil Kenvat and Sirat Kenvat, involved in Crime No. 136/2026, registered at Police Station – Balco Nagar, District - Korba (C.G.) for the offence punishable under Sections 296, 115(2), 109(1), 190(2) and 190(3) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties each 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 4 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 his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their 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 them, in 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 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 them 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 Preeti