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2026 DAILYLAW 19761 (CHH)

BHUPESH DHANKAR v. STATE OF CHHATTISGARH

MCRC/3469/2026 · 2026-05-12

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Judgment text

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1 2026:CGHC:22699 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3469 of 2026 1 - Bhupesh Dhankar S/o Virendra Dhankar, Aged About 22 Years R/o Village Kandul P.S. Mujgahan District- Raipur (C.G.) 2 - Kuldeep Verma S/o Manoj Verma Aged About 23 Years R/o Village Kandul P.S. Mujgahan District- Raipur (C.G.) 3 - Chandan Verma S/o Bhushan Verma Aged About 25 Years R/o Village Kandul P.S. Mujgahan District- Raipur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Mujgahan , District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. C. R. Sahu, Advocate For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.05.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 with Crime No. 20/2026, registered at Police Station – Mujgahan, District – Raipur (C.G.) for the offence punishable under Sections 109, 296 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 25 of Arms Act. 2. That, the case of the prosecution, in brief, is that the complainant lodged a report at Police Station Mujgahan alleging therein that, on the date of the incident, a dispute arose between the applicants and the complainant owing to previous enmity. It is alleged that during the course of the said dispute, the applicants assaulted the injured person, thereby causing injuries which are stated to be simple in nature. On the basis of the aforesaid complaint, the police registered Crime No. 20/2026 against the applicants for the offences punishable under Sections 109, 296 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, along with Section 25 of the Arms Act. Hence this bail application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there is no criminal antecedents registered against the present applicants. It is further submitted that the charge-sheet has been filed in this case. He further submits that the injuries caused are simple in nature and further no internal damage has been caused to the injured person. The applicants are in jail since 28.01.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of benefit of bail to the 3 applicants. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the applicant No.1 had caused injury to the injured by knife, therefore, they are 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, particularly taking into account that there are no criminal antecedents against the present applicants, the injuries sustained by the injured are simple in nature and no internal damage has been reported, the charge-sheet has already been filed, the applicants are in judicial custody since 28.01.2026, and the trial is likely to take considerable time for its conclusion, therefore, this Court is inclined to allow the present bail application without commenting anything on the merits of the case. 7. Let applicants, Bhupesh Dhankar, Kuldeep Verma & Chandan Verma, involved in Crime No. 20/2026, registered at Police Station – Mujgahan, District – Raipur (C.G.) for the offence punishable under Sections 109, 296 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 25 of Arms Act, be 4 released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants 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 applicants 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 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants 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 applicants 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 5 cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them 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 Saxena