SAGAR YADAV vs STATE OF CHHATTISGARH

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CGHC010336972026 2026:CGHC:38818
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8103 of 2026
Sagar Yadav S/o Late Ramesh Yadav Aged About 33 Years R/o Kalle,
Garage Ke Peeche, Thana Maudahapara, District Raipur (C.G.)
... Applicant(s)
versus
State Of Chhattisgarh Through - P.S. Maudahapara, District Raipur
Digitally
signed by
AKHILESH
KUMAR
DEWANGAN
(C.G.)
AKHILESH
KUMAR
DEWANGAN
... Respondent(s)
For Applicant(s) : Mr. Dinesh Vishwkarma, Advocate.
For Respondent(s) : Mr. Sumit Singh, Deputy Advocate General.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
02/09/2026
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. 80/2026 registered at Police Station
Maudahapara, District Raipur (C.G.) for the offence punishable

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under Sections 109 and 296 of BNS.
Case of the prosecution, in brief, is that on 04.05.2026, the
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complainant, namely Mohd. Afaque, lodged an oral report alleging
that on 03.05.2026 at about 11:00 p.m., while he was proceeding
towards his home on a motorcycle along with his friend Ajhan
Khan, the motorcycle of the present applicant came into contact
with his motorcycle. Thereafter, the applicant allegedly abused the
complainant in filthy language and assaulted him with a knife,
causing injuries on his cheek and right leg. On the basis of the
said report, the police registered an FIR against the present
applicant. 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 the complainant and
his friend had assaulted the applicant with a knife, and in order to
defend himself, the applicant acted in self-defence, during which
the complainant sustained injuries. He also submits that the
applicant has also lodged an FIR against the complainant vide
Crime No. 81/2026 at Police Station Maudahapara, District Raipur
(C.G.). The applicant is in jail since 04.05.2026, the applicant has
no criminal antecedent, 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.
On the other hand, learned State Counsel opposes the bail
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application and submits that the charge-sheet has been filed in
the present case. He further submits that following a motorcycle
collision with the complainant, the applicant allegedly abused the
complainant in filthy language and assaulted him with a knife,
causing injuries to his cheek and right leg of the injured. He also
submits that no definite opinion has been given by the Doctor
regarding the nature of the injuries sustained by the injured and
further there is no Query Report.
I have heard learned counsel appearing for the parties and
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perused the case diary.
Taking into consideration the facts and circumstances of the case,
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nature and gravity of offence, period of detention of the applicant
since 04.05.2026, the fact that though the applicant allegedly
abused the complainant in filthy language and assaulted him with
a knife, causing injuries to his cheek and right leg of the injured,
but considering the fact that the injured received injuries on the
non-vital parts of his body, further there is no definite opinion has
been given by the Doctor regarding the nature of the injuries
sustained by the injured and there is no Query Report, the
applicant has no criminal antecedent and charge-sheet has been
filed, this Court is of the view that the applicant is entitled to be
released on bail in this case.
Accordingly, the application is allowed.
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8. Let the Applicant- Sagar Yadav, involved in Crime No. 80/2026

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registered at Police Station Maudahapara, District Raipur (C.G.)
for the offence punishable under Sections 109 and 296 of 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
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

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of liberty of bail and proceed against him in
accordance with law.
Office is directed to send a certified copy of this order to the trial
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Court for necessary information and compliance.

Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Akhil