2026:CGHC:13030 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 449 of 2026 GOURI MUDALIAR Gopal Aged About 24 Years S/o Ranjeet Uikey, R/o Nilja Derapara, P.S.

Digitally signed by GOURI MUDALIAR Kharora , District- Raipur Chhattisgarh Date: 2026.03.19 10:58:09 +0530 ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Kharora Raipur , District- Raipur Chhattisgarh ... Respondent For Applicant : Shri B.L. Sahu, Advocate.

For : Ms. Sameeksha Gupta, PL.

Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

18/03/2026

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.727/2025 registered at Police Station Kharora, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 119(2), 351(2), 3(5) of B.N.S.

2. Case of the prosecution, in brief, is that the complainant has made written complaint before the concerned police station that on date of incident there was dispute in between parties regarding demanding money for consuming liquor and thereafter, the accused persons have assaulted upon the injured person by hand, fist and belt as resultant the injured person received simple injuries. Based upon such complaint of the complainant, the police has registered the offence punishable under section 296, 115(2), 119(2), 351(2), 3(5) of B.N.S. at crime no.

727/2025 against the present applicant and others accused person.

3. Learned counsel for the applicant submitted that identically situated co-

accused namely Hitesh Yadav has been allowed bail by this Court in MCRC No.9316/2025 on 02/01/2026. It is stated that so far as the criminal antecedents of the applicant is concerned, there are six cases which are pending which has been explained by filing covering memo. He would submit that the applicant is in jail since 22/10/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant.

4. On the other hand, learned State Counsel opposes the bail application and would submit that charge sheet has been filed in this case. She would further submit that the applicant has six criminal antecedents, out of which, one case is of the year 2021, one case is the year 2022, three cases are of the year 2024 & one case is of the year 2025 which are pending, as such he is an habitual offender and is not entitled to be released on 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 of allegation levelled against the applicant, further the fact that co-accused namely Hitesh Yadav has been allowed bail by this Court in MCRC No.9316/2025 on 02/01/2026, charge sheet has been filed, applicant is in jail since 22/10/2025 and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case.

7. Accordingly, the bail application is allowed and it is directed that the Applicant- Gopal, involved in Crime No.727/2025 registered at Police Station Kharora, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 119(2), 351(2), 3(5) of B.N.S., be released on bail on his furnishing a personal bond with two heavy 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