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2026 DAILYLAW 25997 (CHH)

RAJU @ RAJEEV UPADHYAY v. STATE OF CHHATTISGARH

MCRC/4899/2026 · 2026-07-08

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Judgment text

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1 CGHC010209172026 2026:CGHC:28611 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.4899 of 2026 Raju @ Rajeev Upadhyay S/o Harivansh Upadhyay Aged About 36 Years R/o Chandan Talab Paat, Kharsiya, Tahsil Kharsiya District Raigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Kharsiya, Disrict Raigarh Chhattisgarh ... Non-applicant For Applicant :Mr. Shivendra Bharadwaj, Advocate. For Non-applicant/State :Ms. Palak Dwivedi, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2026 1. This is the 1st 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.155/2026 registered at Police Station – Kharsiya, SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.11 16:52:18 +0530 2 District- Raigarh (C.G.), for the offences under Sections 296, 351(3), 115(2), 119(1) and 332(C) of BNS. 2. According to the prosecution story, on 06.04.2026, the complainant namely Vinod Agrawal lodged a written complaint at Police Chowki Kharsiya stating that on the same day at about 7:30 PM, while he was present at his medical shop, the present Applicant, who runs a tea stall in front of the complainant's medical shop, came there and demanded Rs.500/- for purchasing liquor. When the complainant refused to fulfill the demand, the Applicant allegedly pressed his neck, assaulted him on the waist with a belt and abused him in filthy language. Based on the aforesaid allegations, the police registered the offences as mentioned above against the present Applicant. Hence, this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. He further submits that no grievous injuries were caused to the Complainant, the Applicant is in custody since 07.04.2026 and the trial is likely to take considerable time for its conclusion, therefore, it is prayed that he may be enlarged on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that she is not having the case diary 3 and, therefore, is unable to produce the medical examination documents. She further submits that the Applicant is alleged to have assaulted the complainant with a belt, causing injuries, therefore, considering the nature of allegations, it is prayed that the bail application may be rejected. 5. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the manner in which the complainant was allegedly assaulted by the Applicant with a belt, the fact that the medical documents could not be produced due to non-availability of the case diary with learned State Counsel and without expressing any opinion on the merits of the case, this Court is not inclined to grant regular bail to the present Applicant. 6. Accordingly, the bail application of the applicant – Raju @ Rajeev Upadhyay involved in Crime No.155/2026 registered at Police Station – Kharsiya, District- Raigarh (C.G.), for the offence under Sections 296, 351(3), 115(2), 119(1) and 332(C) of BN is hereby rejected. 7. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya