1 2026:CGHC:25636 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5480 of 2026 Gurumit Singh Wadhwa S/o Late Gurbachan Singh Wadhwa Aged About 62 Years R/o Behind Utsav Bhawan P.S. Vaishali Nagar District Durg C.G. ... Applicant versus State Of Chhattisgarh Through- Station House Officer P.S. Chhawani, District – Durg, C.G. ---- Non-applicant For Applicant : Ms. Aditi Sighvi, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. For Objector : Mr. Anil Tawadkar, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.06.2026 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. 230/2026, registered at Police Station – Chhawani, District – Durg (C.G.) for the offence punishable under Sections 308 of the BNS and Section 3 of Chhattisgarh Medical Practitioners and Medical Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2010. 2. The case of the prosecution, is that one Nirmal Singh who is the manager and take care of the management work at SBS Hospital, Power House, Bhilai, District Durg field a complaint alleging that the applicant who was suffering from cancer used to visit the hospital for RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 regular intake of injections. It has been stated that the Director of the Hospital has decided not to charge any amount from the applicant for the injections. One day when applicant asked for the injection bill the same was provided to him by the hospital management whose payment has not been done till date. Later on, the applicant started blackmailing the hospital authorities stating that bill is forged one and has asked a sum of Rs.5,00,000. On 21.10.2025 again the applicant came in the hospital and started abusing and blackmailing the complainant in front of the other staff of the hospital and patients. The applicant also threatened them to file applications under RTI against them and frame them in false cases. 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 is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that there is an immense delay of over a period of 6 months in lodging the FIR against the applicant, and as per the FIR the date of incident is 21.10.2025 whereas the FIR has been lodged on 15.04.2026 upon the complaint given by Nirmal Singh on 14.04.2026. The applicant is in jail since 24.04.2026 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 as well as learned counsel for the Objector opposed the bail application and submits that the charge-sheet has been filed in this case, and the applicant is not entitled for grant of bail. 3 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 is no criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant, further the fact that there is an immense delay of over a period of 6 months in lodging the FIR against the applicant, and as per the FIR the date of incident is 21.10.2025 whereas the FIR has been lodged on 15.04.2026 upon the complaint given by Nirmal Singh on 14.04.2026, the applicant is in jail since 24.04.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. 7. Let applicant, Gurumit Singh Wadhwa, involved in Crime No. 230/2026, registered at Police Station – Chhawani, District – Durg (C.G.) for the offence punishable under Sections 308 of the BNS and Section 3 of Chhattisgarh Medical Practitioners and Medical Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2010, 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 4 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