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2026 DAILYLAW 22133 (CHH)

ABHISHEK SHRIWAS URF GOLU v. STATE OF CHHATTISGARH

MCRC/5290/2026 · 2026-06-17

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:24708 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5290 of 2026 Abhishek Shriwas Urf Golu S/o Faguchand Barik Aged About 19 Years R/o Bhais Khatal Dhodhipara Korba Tehsil And District Korba Chhattisgarh ... Applicant versus State Of Chhattisgarh Through- The Out Post - C.S.E.B., Police Station – Civil Line, Korba, District – Korba, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Ashish Pandey, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.06.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 770/2025, registered at Out Post - C.S.E.B., Police Station – Civil Line, Korba, District – Korba (C.G.) for the offence punishable under Sections 309(6), 126(2), 296, 351(3), 115(2), 3(5) and 238 of the BNS. 2. The case of the prosecution, is that on 27/12/2025 at about 13:00 hours, the complainant namely Gopi Ram Divya along with his companions, namely Manish Bijhwar and Ashish Kumar Bijhwar, were proceeding on a Hero HF Deluxe motorcycle bearing Registration No. CG-12-BD-2898 towards TP Nagar Palm Mall Road and upon reaching near the water tank situated at Dodhipara Mohalla, they were allegedly wrongfully intercepted and restrained by four unknown persons coming RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 from the opposite direction who demanded registration documents of the motorcycle, whereafter the said persons allegedly started hurling filthy and obscene abuses and extended threats to their lives and thereafter forcibly dragged the complainant and his companions to a secluded place situated behind the water tank near the railway line, where they were allegedly assaulted by fists, kicks, belts and sticks, thereby causing injuries to them. It is further alleged that during the course of the incident, the assailants committed robbery of one Realme mobile phone valued at approximately 12,000/-, one Oppo mobile phone valued at approximately 27,000/- containing cash amount of Rs.100/- inside its cover, one Vivo mobile phone valued at approximately Rs.9,000/- containing cash amount of Rs.300/- inside its cover, an additional cash amount of Rs.50/- belonging to Ashish Kumar, and also robbed the Hero HF Deluxe motorcycle along with its ignition keys, collectively valued at approximately 30,000/-, and thereafter fled away from the spot. It is further the case of the prosecution that after the alleged incident, the injured persons first went to the house of their friend and thereafter approached Police Chowki CSEB, on the basis of which crime came to be registered against the unknown accused persons. On basis of the above facts, FIR was registered against the applicant (the accused). Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 2 criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The 3 applicant is in jail since 28.01.2026 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 there are 2 criminal antecedents registered against the present applicant, the charge-sheet has been filed in this case, and 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 the fact that there are 2 criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, the applicant is in jail since 28.01.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Abhishek Shriwas Urf Golu, involved in Crime No. 770/2025, registered at Out Post - C.S.E.B., Police Station – Civil Line, Korba, District – Korba (C.G.) for the offence punishable under Sections 309(6), 126(2), 296, 351(3), 115(2), 3(5) and 238 of the BNS, 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 4 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 Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, 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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar