1 2026:CGHC:1265 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 95 of 2026 Abhay Chouhan S/o Ranjeet Chouhan, Aged About 22 Years R/o Construction Colony, Police Station Tarbahar, District Bilaspur C.G. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Torwa, District Bilaspur C.G. ... Non-Applicant For Applicant : Mr. Awadh Tripathi, Advocate along with Mr. Chandrikaditya Pandey, Advocate For Non-Applicant/State : Ms. Vaishali Mahilong, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.01.2026 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. 343/2025 registered at Police Station- Torwa, District Bilaspur, (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 190, 109(1), 191(2) and 191(3) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant, Rahul Goswami, lodged a report at Police Station Torwa alleging, inter RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 alia, that on 14.08.2025 at about 8:30 p.m., he along with his friend Bajrang went to his house situated at Kholi No. 12, Railway Colony, on a Bullet motorcycle bearing registration No. CG-10-BM-7682. While both of them were standing there for easing themselves, the accused persons namely Ismile, Imran, Kunal @ Yusuf Khan, Shammi Khan, Rizwan Khan, the present applicant Abhay Chouhan, Gulshan Hathleshkar and Aman arrived at the spot on three motorcycles and assaulted them. It is alleged that co-accused Gulshan Hathleshkar assaulted Bajrang with a knife, causing injuries on his right hand, thereafter Rizwan Khan assaulted Bajrang with a stick on his knee, as a result of which he started bleeding. It is further alleged that Shammi Khan caught hold of the complainant by his collar, abused him in filthy language and threatened him with death, whereafter Imran Khan assaulted him with a sharp-edged weapon on his neck and Ismile assaulted him on his back with a belt, causing injuries on his neck and leg. It is further stated that the complainant managed to escape from the spot to save his life, whereafter the accused persons took away his motorcycle and removed a sum of ₹20,000/- from his pocket. On the basis of the report lodged by the complainant on 14.08.2025, the police registered Crime No. 343/2025 for the offences punishable under Sections 296, 115(2), 351(3), 190, 109(1), 191(2) and 191(3) of the Bharatiya Nyaya Sanhita, 2023 against eight accused persons, including the present applicant, and initiated investigation. Hence this bail application. 3 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 nothing has been seized from the possession of the present applicant. He further submits that similarly situated co-accused persons, namely, Mohammad Yusuf Urf Kunal and Sheikh Samir Baksh @ Shami have already been granted bail by this Court vide orders dated 17.12.2025 and 05.01.2026 in MCRC Nos. 9500/2025 and 10003/2025 respectively. He also submits that the applicant has 03 criminal antecedents, out of which he has already been acquitted in two cases and only one case is pending, and he is in jail since 16.08.2025, 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 on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application and submits that the applicant is a named accused in the FIR and was part of the group which formed an unlawful assembly and assaulted the complainant and the injured. It is contended that the incident involved use of deadly weapons, serious injuries were caused to the victims, and cash as well as the motorcycle of the complainant were taken away. She further submits that there is sufÏcient material collected during investigation to connect the applicant with the offence and, he has 03 criminal antecedents under the similar nature which shows that he is a habitual offender therefore, the applicant is not entitled for grant of bail. 4 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 16.08.2025, the fact that though the present applicant and other co-accused were assaulted the complainant, but other co- accused persons, namely, Mohammad Yusuf Urf Kunal and Sheikh Samir Baksh @ Shami have already been granted bail by this Court vide orders dated 17.12.2025 and 05.01.2026 in MCRC Nos. 9500/2025 and 10003/2025 respectively, and the case of present applicant is identical to that of the co-accused person, further the applicant has 03 criminal antecedents, out of which he has already been acquitted in two cases and one case is pending and the 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. 7. Let the Applicant – Abhay Chouhan, involved in Crime No. 343/2025 registered at Police Station- Torwa, District Bilaspur, (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 190, 109(1), 191(2) and 191(3) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 5 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 sufÏcient 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 sufÏcient 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. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan