1 CGHC010237302026 2026:CGHC:28001 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5786 of 2026 • Rajat Dubey S/o Mr. Santosh Dubey Aged About 23 Years R/o Ganesh Nagar, Chuchuhiyapara, Police Station- Sirgitti, District- Bilaspur, Chhattisgarh. ... Applicant(s) versus • State of Chhattisgarh Through Police Station - Torwa, District - Bilaspur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Yashkiran Singh, Advocate For Respondent(s) : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.07.2026 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. 0184/2026, registered at Police Station – Torwa, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and 25 of Arms Act. 2. The case of the prosecution, is that the complainant along with his friends at around 8:30 PM were having eateries, only then the applicant suddenly stumbled upon the complainant and escalated VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.08 11:16:15 +0530 2 the issue with verbal alteration and threat and intimidation by wat of a baseball bat, hence, the present FIR. 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 three criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 13.04.2026 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 opposes the bail application and submits that the charge-sheet has been filed in this case there are three criminal antecedents registered against the present applicant, crime No.455 of 2018 for offence under Section 34, 363,376 and Section 4 of the POCSO, in crime No.800 of 2024 for offence under Section 296, 351(2), 115(2) and 3(5) of IPC in crime No.73 of 2022 for offence under Section 307, it appears that applicant is a habitual offender, therefore, he 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 charge-sheet has been filed against the applicant, he is in jail since 13.04.2026, conclusion of the trial is likely to take some time, considering the detention period of the applicant, I am inclined to allow this application. 7. Let applicant, Rajat Dubey, involved in Crime No.0184/2026, 3 registered at Police Station – Torwa, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and 25 of Arms Act, 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 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. 4 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 Vaishali