1 2026:CGHC:19975 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2875 of 2026 Shekhar Yadav @ Bhunda S/o Vishnu Yadav Aged About 22 Years Resident Of Munshi Ismail Ward Bhatapara Police Station Bhatapara City, District- Balodabazar-Bhatapara (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Bhatapara City District- Balodabazar-Bhatapara (C.G.) ... Respondent(s) For Applicant(s) : Mr. Anil Kumar Gulati, Advocate. For Respondent(s) : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/04/2026 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. 72/2025 registered at Police Station Bhatapara City District- Balodabazar-Bhatapara (C.G.) for the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 offence punishable under Sections 296, 351(2), 115(2), read with Section 3(5) of BNS and Sections 25 and 27 of Arms Act. 2. Case of the prosecution, in brief, is that the FIR was lodged by the informant alleging that on 04.02.2025 at about 8:30 PM, while he along with his friends was engaged in conversation, the present applicant along with co-accused persons, namely Wazid Khan, Vishnu Yadav @ Deva and Chendari Yadav, arrived at the spot and started abusing them in filthy language. It is further alleged that co-accused Wazid Khan instigated the present applicant and other accused persons to assault the informant and his companions and also handed over a weapon to the present applicant. It is alleged that the present applicant extended threats to the injured persons, and when the incident was being intervened by one Sanjay Chakradhari, friend of the informant, co- accused, Vishnu Yadav @ Deva and Chendari Yadav assaulted him with hands and fists, as a result of which he sustained injuries on his cheek. On the basis of the said report, the police registered the offence and arrested the present applicant along with other co-accused persons. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that present applicant has never assaulted the injured, Sanjay Chakradhar and also as pr FIR lodged by the informant, the injured has been assaulted by 3 Vishnu Yadav @ Deva and Chendari Yadav. He also submits that when the MLC of the injured was conducted on 04.02.2025, there was no external injury was found and the report further reveals that the injured was intoxicated during the incident. The applicant is in jail since 05.02.2025, the applicant has seven criminal antecedents, out of which, in two cases, applicant has already been acquitted of the charges and rest of the cases are still pending, 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 applicant. 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 applicant allegedly in connivance with co-accused persons, came to the spot, abused the informant and his companions, and upon instigation by a co- accused, participated in the incident by threatening the injured persons and being part of the assault. Furthermore, the applicant has seven criminal antecedents of the year 2016, 2019, 2020, and 2023, therefore, the applicant is 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 applicant since 05.02.2025, the fact that though the applicant allegedly in 4 connivance with co-accused persons, came to the spot, abused the informant and his companions, and upon instigation by a co- accused, participated in the incident by threatening the injured persons and being part of the assault, but considering the fact that as per MLC report, injuries sustained by the injured is found to be simple in nature, further considering the criminal antecedents of the applicant which are seven in number, out of which, in two cases, applicant has already been acquitted of the charges, further the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Shekhar Yadav @ Bhunda, involved in Crime No. 72/2025 registered at Police Station Bhatapara City District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), read with Section 3(5) of BNS and Sections 25 and 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 5 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 proceed against him in accordance with law. 9. 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