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2026 DAILYLAW 17343 (CHH)

SUNNY SHRIVAS v. STATE OF CHHATTISGARH

MCRC/1863/2026 · 2026-02-22

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Judgment text

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1 2026:CGHC:9257 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1863 of 2026 • Sunny Shrivas S/o Dilip Shrivas Aged About 18 Years R/o Pipar Para, Lingiyadih, P.S. Sarkanda, District Bilaspur (C.G.) ... Applicant versus • State of Chhattisgarh Through Police Station Tarbahar, District Bilaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Manish Mishra, Advocate For Respondent/State : Ms. Samiksha Gupta, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 275/2025, registered at Police Station – Tarbahar, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 117(2), 119(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 25 and 27 of Arms Act. 2. The case of the prosecution, is that on 24.08.2025 at about 02:00 AM near Bilaspur Railway Station, the complainant Satyam Baiga and his friend Sameer Yadav were stopped by three unknown persons VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.24 11:36:42 +0530 2 who came on a motorcycle and demanded money for liquor. Upon refusal, abuses were allegedly hurled and one of the persons allegedly assaulted Sameer Yadav with a knife causing injuries on his neck, waist and chest. Initially, the FIR was registered against unknown persons. During investigation, the present applicant Sunny Shrivas was implicated and arrested on 26.08.2025. After investigation, charge-sheet has been filed against the applicant and other co- accused persons. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the allegation levelled against the applicant is that on the date of incident applicant along with other co-accused persons stopped the complainant and his friends and demanded money for liquor, upon refusal they assaulted them with a knife, as a result injured received injuries on his neck, waist and chest. It is further submits that there are two criminal antecedents registered against the present applicant and both are mentioned in the bail application. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 26.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are two criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that there are two injured persons, out of which one had sustained grievous injuries and the applicant along with the co-accused, is alleged to have assaulted the injured persons with a knife, causing them injuries. However, the injuries sustained by the injured were on his neck, 3 waist and chest, though grievous in nature but not dangerous to life. Therefore, the applicant is not entitled to be released on bail. 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 charge-sheet has been filed against the applicant, the injuries sustained by the injured were found to be grievous in nature but not dangerous to life, applicant is in jail since 26.08.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Sunny Shrivas, involved in Crime No.275/2025, registered at Police Station – Tarbahar, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 117(2), 119(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 25 and 27 of Arms Act, 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. 4 (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 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