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2026 DAILYLAW 1909 (CHH)

KISHAN KARSH v. STATE OF CHHATTISGARH

MCRC/565/2026 · 2026-01-14

body2026

Judgment text

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1 2026:CGHC:2487 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 565 of 2026 • Kishan Karsh (wrongly mentioned as Kishan Bareth) S/o Komal Prasad, Aged About 24 Years, R/o Gram Pantora, Police Station Pantora, Tehsil Balod, District Janjgir-Champa (C.G.). ... Applicant versus • State Of Chhattisgarh Through Police Station Civil Line Rampur, Korba District- Korba, Chhattisgarh. (Wrongly Mention In Fir) ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Anshul Tiwari, Advocate. For State/Non-applicant : Mr. Nitansh Jaiswal, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.01.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.422/2025 registered at Police Station Civil Line Rampur, Korba, District Korba (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 109, 127(2), 3(5) of BNS, 2023. 2. The case of the prosecution, is that on 14.07.2025, complainant received a call that his father and present applicant and other person indulged into a dispute relating to money. Due to the said fight complainant’s father received sustained multiple injuries and on the DEEPTI JHA Digitally signed by DEEPTI JHA 2 said note FIR has been registered agaisnt the present applicant. Hence, this application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. It is further submitted that the applicant and the co-accused is said to have assaulted the injured by hands and fist, though injured suffered from fracture on ribs and and the injuries were found to be grievous in nature. It is further submitted that charge-sheet has already been filed in the present case and the applicant is in jail since 14.07.2025 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 the applicant is not entitled for grant of 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 further considering the detention of the applicant and he is in jail since 14.07.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Kishan Karsh, involved in Crime No.422/2025 registered at Police Station Civil Line Rampur, Korba, District Korba (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 109, 127(2), 3(5) of BNS, 2023, be released on bail on furnishing 3 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice