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2026 DAILYLAW 22080 (CHH)

KAMLESH SINGH VERMA v. THE STATE OF CHHATTISGARH

MCRC/5368/2026 · 2026-06-18

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Judgment text

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1 2026:CGHC:25194 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5368 of 2026 Kamlesh Singh Verma S/o- Late Awadh Verma, Aged About 38 Years R/o- Village Jhhal, Tahsil, Police Station and District- Bemetara (C.G.) ... Applicant versus The State of Chhattisgarh Through- Station House Officer Police Station Bemetara, District- Bemetara (C.G.) ... Non-Applicant For Applicant : Mr. Amit Kumar Sahu, Advocate. For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 19.06.2026 1. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 258/2026 registered at Police Station – Bemetara, District- Bemetara (C.G.), for the offence punishable under Sections 331(2), 296, 351(3) and 326(g) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 07.04.2026, the complainant, namely Smt. Sunita Sharma, lodged a written report against the applicant stating that on 03.04.2026, at about 9:00 p.m., she was present in her house along with her two children, Mayank and Sameer. At PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.06.19 18:13:44 +0530 2 that time, the applicant came to her house and called for her husband. When she came outside, the applicant allegedly abused her in filthy language and threatened to set fire to her house and shop. It was further alleged that on the very next day, the said incident was carried out. On the basis of the said report, a crime was registered by the police on 20.04.2026 against the applicant for the offences punishable under Sections 331(2), 296, 351(3), and 326(g) of the Bharatiya Nyaya Sanhita (BNS), and he was arrested. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is further submitted that there is a delay of four days in lodging the written report, and no satisfactory explanation for such delay has been provided therein. This unexplained delay creates serious doubt regarding the prosecution story and prima facie indicates that the applicant has been falsely implicated in the present case. It is also submitted that the charge-sheet has already been filed in the present case and that the applicant has been in judicial custody since 06.05.2026. Learned counsel further submits that the applicant has one previous criminal antecedent, and that the conclusion of the trial is likely to take a considerable amount of time. In light of the aforesaid circumstances, it is prayed that this Court may be pleased to grant regular bail to the applicant. 4. Learned counsel for the State/non-applicant opposes the bail application and submits that the charge-sheet has already been filed in the matter. He further submits that the applicant has one previous criminal antecedent and, therefore, is not entitled to be enlarged on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the applicant has one previous criminal antecedents, further the charge-sheet has already been filed in the present case and that the applicant has been in judicial custody since 06.05.2026 and that the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. Let the applicant - Kamlesh Singh Verma, involved in Crime No. 258/2026 registered at Police Station – Bemetara, District- Bemetara (C.G.), for the offence punishable under Sections 331(2), 296, 351(3) and 326(g) of Bharatiya 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 sufficient cause, the trial court may proceed against him under Section 269 of BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, 4 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 him, in accordance with law, under Section 209 of BNS. (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 send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti