1 2026:CGHC:24442 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5233 of 2026 Ala Rajak S/o Dhanna Rajak Aged About 19 Years R/o Pandalwal Nursing Home Gali, Near Santoshi Mandir, Torwa, Police Station Torwa, District Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Torwa, District Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sanjay Yadav, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.06.2026 1. This is the First bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 411/2022 registered at Police Station Torwa, District Bilaspur (C.G.) for the offence punishable under Sections 307, 294, 506 and 34 of IPC. 2. As per the case of the prosecution, on 06.09.2022, the complainant, namely Lalit Kumar Bhoi, lodged a report against the accused KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 persons. It is alleged that on the same day, at about 8:45 PM, when the complainant had gone outside for some refreshment, the brother of the present applicant assaulted him. On the basis of the said report, Police Station Torwa registered FIR bearing Crime No. 411/2022 for the offences punishable under Sections 294, 307, 506 and 34 of the IPC. The applicant was arrested on 07.09.2022 and was subsequently granted bail by the learned trial Court on 01.10.2022. Thereafter, the applicant regularly appeared before the trial Court on the dates fixed for hearing. However, on 11.06.2024, the applicant remained absent from the court proceedings, due to which the learned trial Court issued a warrant against him. Pursuant thereto, the police of Police Station Torwa arrested the applicant on 16.05.2026. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is argued that the applicant was granted bail by the learned trial Court vide order dated 01.10.2022 and had regularly appeared before the trial Court on all dates of hearing. However, due to his poor financial condition, being a labourer, he had gone to another State in search of livelihood and therefore, could not appear before the trial Court on 11.06.2024, on account of which a warrant came to be issued against him. It is further submitted that there was no deliberate or intentional violation of the bail conditions. The applicant is a young person aged about 19 years, is the sole earning member of his family and has been in custody since 16.05.2026. It is thus prayed that the applicant be enlarged on bail. 3 4. On the other hand, learned State counsel opposes the bail application and submits that the present applicant was granted bail by the learned trial Court vide order dated 01.10.2022 and was under an obligation to remain present before the trial Court on each and every date fixed for hearing. However, after 11.06.2024, the applicant remained absent from the proceedings without any sufficient cause, due to which the learned trial Court was constrained to issue an arrest warrant against him. It is further submitted that despite the issuance of the warrant, the applicant did not surrender before the Court and remained absconding for nearly two years, ultimately being arrested on 16.05.2026. Learned State counsel contends that the ground taken by the applicant that he had gone outside the State in search of employment is not sufficient to justify his prolonged absence from the Court proceedings. It is thus submitted that the conduct of the applicant clearly demonstrates disregard for the conditions of bail and the process of law, therefore, the applicant does not deserve the indulgence of bail and the present application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the record, it appears that the applicant was arrested on 07.09.2022 in connection with Crime No. 411/2022 and was subsequently enlarged on bail by the learned trial Court vide order dated 01.10.2022. The record further reveals that the applicant remained absent from the trial proceedings after 11.06.2024, pursuant to which an arrest warrant was issued against 4 him by the learned trial Court. The explanation offered by the applicant that he had gone to another State in search of employment due to his poor financial condition does not satisfactorily explain his prolonged absence from the Court proceedings. Despite the issuance of the arrest warrant in the year 2024, the applicant neither appeared before the trial Court nor took any steps to comply with the conditions of bail and ultimately came to be arrested on 16.05.2026. Thus, the applicant remained absconding for a considerable period of nearly two years, which adversely affected the progress of the trial. Considering the conduct of the applicant in violating the conditions of bail and remaining unavailable to the Court for such a long period, this Court is of the opinion that there is every likelihood of the applicant again evading the process of law if released on bail. Therefore, this Court is not inclined to extend the benefit of bail to the applicant. 7. Accordingly, the bail application of the applicant-Ala Rajak, involved in Crime No. 411/2022 registered at Police Station Torwa, District Bilaspur (C.G.) for the offence punishable under Sections 307, 294, 506 and 34 of IPC. is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal