1 2026:CGHC:5993 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1132 of 2026 Tapan Deep S/o Jujeshti Deep (Wrongly Mentioned In Order Sheet As Jejeshti) Aged About 24 Years R/o Puraina Indratma Nagar Gali, No.2, Odia Basti, P.S. New Rajendra, Nagar Raipur District- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- S.H.O. P.S. New Rajendra Nagar District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pushkar Sinha, Advocate. For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/02/2026 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. 277/2025 registered at Police Station New Rajendra Nagar District- Raipur (C.G.) for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 punishable under Sections 299, 296, 115(2) of BNS. 2. Case of the prosecution, in brief, is that a written report was lodged alleging that the applicant, while present within the temple premises, consumed alcohol, used filthy and abusive language, and, upon being restrained, assaulted women of the locality. On the basis of the said complaint, an offence was registered against the applicant under Sections 299, 296, and 115(2) of the Bharatiya Nyaya Sanhita. The applicant was arrested on 17.12.2025 and has since been in judicial custody. 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 prosecution case itself does not disclose any allegation of assault or physical beating upon any woman or child. No injury has been attributed to any such person and there is no medical evidence or record on file to substantiate the alleged use of force so as to constitute any offence. He also submits that on the date of the alleged incident, a minor dispute had taken place between the applicant and local residents, on account of which a false and motivated case has been registered against the applicant. The applicant is in jail since 17.12.2025, so far as criminal antecedents of the applicant are concerned, applicant has three criminal antecedents, out of which, two cases have already been disposed of and one case of the 3 year 2025 under the BNS is pending for framing of charges, further 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. He further submits that the applicant allegedly consumed alcohol within the temple premises, used filthy and abusive language, and assaulted women of the locality, further the applicant has three criminal antecedents, as such, he is a habitual offender and his bail application is liable to be rejected. 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 17.12.2025, the fact that though the applicant allegedly consumed alcohol within the temple premises, used filthy and abusive language, and assaulted women of the locality, but considering the fact that applicant has three criminal antecedents, out of which, two cases have already been disposed of and only one case, which is of the year 2025 under the BNS is pending against the applicant and the fact that charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. 4 7. Accordingly, the application is allowed. 8. Let the Applicant-Tapan Deep, involved in Crime No. 277/2025 registered at Police Station New Rajendra Nagar District- Raipur (C.G.) for the offence punishable under Sections 299, 296, 115(2) 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 5 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