Extracted from the PDF above. The PDF is authoritative.
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CGHC010260462026
2026:CGHC:28411
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6067 of 2026 Atif Raja S/o Samim Aalam Aged About 22 Years R/o Krishna Nagar, Dipka, District Korba C.G. ... Applicant
versus State Of Chhattisgarh Through - P.S. Dipka District Korba C.G. ...Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board 09.07.2026
1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 80/2026 registered at Police Station – Dipka District Korba (C.G.), for the offences punishable under Sections 333, 296, 351 of the BNS.
2. The prosecution case, in brief, is that on 20/02/2026 at about 8.29 pm the complainant namely Mohd. Faizan has lodged oral report against the applicant stating that the applicant has entered his house and abusing him due to previous enmity on 15/02/2026 at about 4.00 pm. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.09 19:08:34 +0530
2 On the basis of oral report police has lodged FIR against the applicant vide Crime No.80/2026 for offence U/S 296, 333, 351(3) of B.N.S.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant is a labourer by occupation and is the sole earning member of his family; therefore, his continued incarceration is causing severe financial hardship to his dependents. It is further submitted that the investigation has already been completed, the charge-sheet has been filed before the competent Court, and the applicant has been in judicial custody since 21.02.2026. Learned counsel further contends that the complainant had earlier lodged another FIR against the applicant at the same police station, in which the applicant has already been granted bail by the learned Court below, and thereafter, with an intention to harass the applicant, the complainant lodged the present false FIR. It is also submitted that although the alleged incident is stated to have occurred on 15.02.2026, the FIR was lodged only on 20.02.2026 without any satisfactory explanation for the delay. It is further submitted that the applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready and willing to abide by all the terms and conditions that may be imposed by this Hon'ble Court while granting bail. Accordingly, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has four
3 previous criminal antecedent, therefore, he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, and further taking into account the period of detention, as the applicant has remained in judicial custody since 21.02.2026, and the fact that the charge-sheet has already been filed before the competent Court, and that the conclusion of the trial is likely to take considerable time, this Court is inclined to grant regular bail to the applicant. 7.
Let the Applicant – Atif Raja, involved in Crime No.80/2026 registered at Police Station – Dipka District Korba (C.G.), for the offences punishable under Sections 333, 296, 351 of the BNS, be released on bail on his furnishing personal bond with two local 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 she 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 her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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
4 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 Vaibhav