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2026 DAILYLAW 17963 (CHH)

INDRAJEET v. STATE OF CHHATTISGARH

MCRC/1904/2026 · 2026-02-26

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Judgment text

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1 2026:CGHC:10316 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1904 of 2026 Indrajeet S/o Kamleshwar Aged About 23 Years R/o Nilja Aadiwasipara, Thana- Kharora, District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Kharora, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Krishna Kumar Khatri, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 770/2025, registered at Aarakshi Kendra : Kharora, Raipur, District Raipur (C.G.) for the offence punishable under Sections 333, 296, 351(3), 115(2), 117(2) and 191(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The brief prosecution story is that after conducting investigation against the accused, the prosecution found a prima facie case of assault committed by the accused. Accordingly, Police Station Kharora, District Raipur (C.G.), registered Crime No. 770/2025 against the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.28 10:40:37 +0530 2 applicant/accused for the offences punishable under Sections 333, 296, 351(3), 115(2), 117(2), and 191(2) of the Bharatiya Nyaya Sanhita (BNS). After registering the case, the police collected evidence and continued the investigation against him. The applicant was arrested and produced before the Court of the learned Judicial Magistrate First Class (JMFC), Raipur, District Raipur (C.G.). The matter is triable by the Court of learned JMFC, Tilda. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the present case. He also submits that the injuries sustained by the injured are simple in nature, the present applicant has no criminal antecedents, and he has been in jail since 16.11.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the case's facts and circumstances, the nature and gravity of the offense, and further the fact that injury received by the injured person found to be simple in nature and further, the charge-sheet has already been submitted before the competent Court in the present case and the applicant is in jail since 16.11.2025, conclusion of the trial is likely to take sometime, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Indrajeet, involved in Crime No. 770/2025, registered at Aarakshi Kendra : Kharora, Raipur, District Raipur (C.G.) for the 3 offence punishable under Sections 333, 296, 351(3), 115(2), 117(2) and 191(2) of the Bhartiya Nyaya Sanhita, 2023, 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 sufÏcient cause, the trial court may proceed against his 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 his, 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 4 treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce 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 Abhishek