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2026 DAILYLAW 21258 (CHH)

RAJDEV v. STATE OF CHHATTISGARH

MCRC/4527/2026 · 2026-06-14

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:23856 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4527 of 2026 1 - Rajdev S/o. Lat Ramesh Tiwari Aged About 21 Years R/o. Pratappur Town, P.S. Mahuadand, District- Latehar (Jharkhand), Presently R/o. In Ambikapur, P.S. And Tahsil Ambikapur, District- Surguja (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Surajpur, District- Surajpur (C.G.) ... Respondent (Cause title is taken from CIS) For Applicant : Mr. Shakti Raj Sinha, Advocate For State/Respondent : Mr. Atanu Ghosh, Dy. G.A. Hon’ble Shri Justice Parth Prateem Sahu Order on Board 15/06/2026 1. This is the Second Bail Application filed under Section 483 of BNSS, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 171/2025, registered RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2026.06.16 16:09:54 +0530 2 at Police Station Surajpur, District Surajpur (C.G.) for commission of offence punishable under Section 103, 190, 191 (2) of B.N.S. 2. First Bail Application bearing MCRC No. 6325 of 2025 was dismissed as withdrawn by this Court vide its order dated 28.08.2025. 3. Case of prosecution, in brief, is that on 26.03.2025 report was lodged by wife of deceased Varsha stating that when her husband Vijay Kumar was admitted in nasha mukti kendra there was no injury on his person. On 29.03.2025, when upon information she went to see her husband she found multiple injuries on the body of her husband and thereafter CCTV and DCR of the nasha mukti kendra was seen, it revealed that staff of nasha mukti kendra and other patients have assaulted deceased Vijay Kumar. Based on the report, aforementioned crime was registered and applicant was also arrested along with others on 07.04.2025. 4. Learned counsel for applicant submits that applicant was also admitted in the said nasha mukti kendra and was taking treatment and he was also a patient. From the material available in the charge-sheet, it is apparent that deceased Vijay Kumar, who was also patient in the nasha mukti kendra became violent at the time of alleged incident and the in-charge or the staff present in the nasha mukti kendra tried to control him along with others and in that time deceased suffered some injuries. There is no direct evidence against applicant that applicant has assaulted deceased. 3 Applicant is in jail since 07.04.2025. Only 7 witnesses out of 17 have been examined. Trial may take some time, hence, applicant may be enlarged on bail. Similarly placed other co-accused persons were enlarged on bail by this Court. 5. On the other hand, learned State counsel opposes the submission of learned counsel for applicant. He does not dispute the submission of counsel for the applicant that other co-accused persons similarly placed were granted bail. 6. I have heard learned counsel for the parties. 7. Taking into consideration, facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, without commenting anything on merits of the case, I am inclined to allow this bail application. 8. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in like sum to the satisfaction of the Court on the conditions that - (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or 4 through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023 (c) In case, the applicant misuses the liberty of bail during trial and in order to secure their 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 them, in accordance with law, under Section 209 of Bhartiya Nyaya Sanhita, 2023. (d) 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 BNSS. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) JUDGE Ravi Mandavi