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2026 DAILYLAW 10659 (CHH)

SAMEER CHAKRAVARTY v. STATE OF CHHATTISGARH

MCRC/9681/2025 · 2026-01-04

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Judgment text

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1 2026:CGHC:394 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9681 of 2025 1 - Sameer Chakravarty S/o Shiv Shankar Chakravarty Aged About 38 Years R/o New Market Mana Camp, District Raipur Chhattisgarh 2 - Rohit Haldar @ Aailendu S/o Jagdish Haldar Aged About 26 Years R/o Block No. 04, Ward No. 05, P.S. Mana Camp Raipur Chhattisgarh ... Applicants versus 1 - State of Chhattisgarh Through - Station House Officer, Police Station Mana Camp, Raipur, District Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicants : Ms. Khushbu Sahu, Advocate For Respondent/State : Ms. Nupur Trivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.01.2026 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. 308/2025, registered at Police Station – Mana Camp, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5), 118(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.06 11:49:59 +0530 2 2. The case of the prosecution, the complainant has lodged report to the concerned police station with intend that at that time, accused persons have quarreled dispute with the injured person and thereafter, they have used filthy language and committed marpeet with injured person by wooden stick, by causing simple injuries received upon injured person. Based upon the such report, the concerned police station has registered offence publishable under section 296, 115(2), against the 351(2), 3(5), 118(2) of the B.N.S. applicants and other accused persons. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have falsely been implicated in this case and there is no criminal antecedents registered against the present applicant and injuries sustained by the injured are simple in nature. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 13.10.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicants and the charge-sheet has been filed in this case. 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 there is no criminal antecedents registered against the present applicants, injuries sustained by the injured are simple in 3 nature, charge-sheet has been filed against the applicant, the applicant is in jail since 13.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this bail application of the applicants. 7. Let applicants, Sameer Chakravarty and Rohit Haldar, involved in Crime No. 308/2025, registered at Police Station – Mana Camp, District – Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5), 118(2) of the Bharatiya Nyaya Sanhita, 2023 (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 4 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. 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 vaishali