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2026 DAILYLAW 22270 (CHH)

DEEPAK NISHAD v. STATE OF CHHATTISGARH

MCRCA/891/2026 · 2026-06-17

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Judgment text

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1 2026:CGHC:24678 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 891 of 2026 Deepak Nishad S/o Vijay Nishad Aged About 20 Years R/o Old Bus Stand Nagar, Chandwabhatha, Bilaspur, Tahsil and District – Bilaspur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Kota, District – Bilaspur, Chhattisgarh ... Non-Applicant For Applicant : Mr. D.K. Vishwakarma, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 18.06.2026 1. The applicant has preferred this second bail application under Section 482 of the Bharatiya Nyay Nagarik Suraksha Sanhita, 2023 apprehending his arrest in connection with Crime No. 787/2024, registered at Police Station – Kota, District - Bilaspur (C.G.) for alleged commission of offence punishable under Sections 109, 190, 191(2), 191(3) and 3(5) of Bharatiya Nyaya Sanhtia, 2023. 2. Earlier first bail application of the applicant was rejected on merits by this Court vide order dated 22.01.2025 passed in MCRCA No. 115/2025. 3. As per the prosecution's case, in brief, is that the applicant, along with his friends, including some girls, went on a picnic to Kota. However, some miscreants began misbehaving with the girls in the group. When the applicant's group objected, the miscreants started arguing and following PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.06.19 16:35:17 +0530 2 them. The situation escalated when the miscreants stopped the applicant and his friends near the Kota Petrol Pump and began assaulting them. In an act of self-defense, one of the group members, Aayush Masih, stabbed the victim, Dipanshu. Consequently, the aforementioned offences have been registered. 4. Learned counsel for the applicant submits that the applicant is innocent has he has been falsely implicated in this case. He further submits that the earlier first bail application of the applicant was rejected on merits. Further, the other accused persons have already been granted bail by this Court. Further, the applicant has no any previous criminal antecedents. Hence, he prays for grant anticipatory bail to the applicant on the ground of parity. 5. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail. He further submits that earlier first bail application of the applicant was rejected on the ground that the present applicant along with other co-accused persons have assaulted the injured with a knife, targeting his vital part of the body, as a result, the injuries sustained to the injured are grievous in nature, and as per the opinion of the doctor and query report, the injuries were found to be dangerous to life, therefore, the present anticipatory bail application of the applicant is liable to be rejected. 6. I have heard learned counsel for the parties and perused the impugned order passed by the trial Court. 7. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and from perusal of the document available, it transpires that earlier first bail application of the applicant was rejected on the ground that the present applicant along with other co-accused persons have assaulted the injured with a knife, targeting his 3 vital part of the body, as a result, the injuries sustained to the injured are grievous in nature, and as per the opinion of the doctor and query report, the injuries were found to be dangerous to life, this Court deems it appropriate not to grant anticipatory bail to the applicant. 8. Accordingly, the Second Anticipatory Bail application of the applicant – Deepak Nishad filed under Section 482 of BNSS, involved in Crime No. 787/2024, registered at Police Station – Kota, District - Bilaspur (C.G.) for alleged commission of offence punishable under Sections 109, 190, 191(2), 191(3) and 3(5) of Bharatiya Nyaya Sanhtia, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice Preeti