1 2026:CGHC:20191 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3987 of 2026 Satyam Mahant S/o- Surendra Mahant Aged About 21 Years R/o- Tendudipa, Darogapara, Raigarh, District- Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through, Thana In- Charge, P.S. City Kotwali, District – Raigarh (C.G.) ---- Non-applicant For Applicant : Mr. Rajendra Tripathi, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 104/2026, registered at Police Station – City Kotwali, District – Raigarh (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 324(4), 119(1), 109 and 3(5) of the BNS. 2. The case of the prosecution, is that on 04.03.2026 the complainant namely Mohammad Jishan Raja has lodged report in Police Station concerned that on 04.03.2026 at the date of Holi he was with his friend namely Roshan Singh and coming his house, on the way two boys n drunken condition came to him and used filthy language, at that time co-accused namely Abhishek Thakur came there and demanded money when they denied, the applicant along with the co-accused RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 assaulted by bricks, knife and fist. For the above reason, the complainant has lodged the FIR against the applicant. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the charge- sheet has been filed in this case. It is submitted that though as per the allegation the applicant along with the co-accused is said to have assaulted the injured with knife, but the said assaulted pertains to other co-accused, and the applicant was just present at the place of incident. The applicant is in jail since 11.03.2026 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 the charge-sheet has been filed in this case. It is further submitted that the applicant along with the co- accused is said to have assaulted the injured with knife, therefore, he is not entitled for grant of bail. 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 though as per the allegation the applicant along with the co- accused is said to have assaulted the injured with knife, but the said assaulted pertains to other co-accused, and the applicant was just present at the place of incident, charge-sheet has been filed against the applicant, the applicant is in jail since 11.03.2026 and conclusion of 3 the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Satyam Mahant, involved in Crime No. 104/2026, registered at Police Station – City Kotwali, District – Raigarh (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 324(4), 119(1), 109 and 3(5) of the 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 4 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 Rajshekhar