1 CGHC010219962026 2026:CGHC:29173 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5121 of 2026 Amit Gulhare @ Vicky S/o Shri Anil Gulhare Aged About 35 Years R/o Shriram Plaza T.F. -1 Near Punjab National Bank Shivaji Nagar District Bilaspur Chhattisgarh. --- Applicant versus State of Chhattisgarh Through- Station House Officer, Police Station City Kotwali Bilaspur District Bilaspur Chhattisgarh. --- Non-Applicant Along with MCRC No. 5874 of 2026 Arbaz Khan S/o Aslam Khan Aged About 21 Years R/o Ward 35, Sanichari Bazar, Behind Machali Market, P S City Kotwali, District Bilaspur, Chhattisgarh. --- Applicant Versus State of Chhattisgarh Through Station House Officer, Police Station City Kotwali, District Bilaspur, Chhattigarh. --- Non-Applicant Along with MCRC No. 5798 of 2026 Deepak Yadav, S/o- Shri Rajkumar Yadav, Aged About 22 Years R/o- Ward No. 26, Shanichari Bazar, Behind Fish Market, P.S City Kotwali, District- Bilaspur (C.G.) --- Applicant Versus State of Chhattisgarh Through- Station House Officer, P.S. City Kotwali, District- Bilaspur (C.G.) --- Non-Applicant RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 For Applicants : Ms. Pratibha Sahu, Advocate Mr. Prasoon Agrawal, Advocate Mr. Rohishek Verma, Advocate For Non-Applicant/State : Ms. Nupur Trivedi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 1. Since the above-mentioned three first bail applications arise out of same incident, same crime number and registered at same police station, they are clubbed and heard together and are being disposed of by this common order. 2. The applicants have preferred these First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 329/2026, registered at Police Station : City Kotwali, District- Bilaspur, (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 119(1), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act. 3. The prosecution case, in brief, is that the complainant, Rajesh Sahu, son of Santosh Sahu, lodged a report at Police Station City Kotwali, Bilaspur, stating that on 22.05.2026 at about 10:45 PM, while he was conversing with his companion Nandu Sahu near the Peepal tree situated behind Yadav Hotel, Furniture Line, Shanichari Bazar, accused Vicky Gulhare approached them and forcibly demanded money from Nandu Sahu for consuming liquor. Upon refusal, accused Vicky Gulhare started abusing them in filthy 3 language, threatened them with dire consequences, and assaulted them with slaps. Thereafter, his associates, namely Deepak Yadav and Fahu Pathan alias Arbaz, also arrived at the spot and all three accused allegedly engaged in a quarrel and assaulted the victims. It is alleged that accused Deepak Yadav struck Nandu Sahu with a fibre pipe, while accused Fahu Pathan alias Arbaz attacked him with a sharp-edged knife, causing injuries to his wrist and cheek. As Nandu Sahu sustained serious injuries, he was immediately taken to SIMS Hospital for treatment. On the basis of the said report, Crime No. 329/2026 was registered at Police Station City Kotwali, Bilaspur, for offences punishable under Sections 296, 115(2), 351(3), 119(1), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act. During the course of investigation, the present applicants/accused persons were arrested, hence, these bail applications. 4. Learned counsel for the applicants submits that the applicants are innocent persons and have been falsely implicated in the present case due to previous hostility and local disputes. It is further submitted that the prosecution story, as narrated in the FIR, is highly exaggerated, baseless and suffers from material inconsistencies, and that even if the allegations are accepted at their face value, the incident appears to have occurred on the spur of the moment during a sudden quarrel without any premeditation, prior meeting of minds, conspiracy or pre-arranged plan on the part of the applicants to commit the alleged offence. It is further submitted that the learned Court below failed to properly appreciate 4 the factual matrix of the case, particularly the aspect that the FIR was allegedly lodged on account of previous enmity between the parties. It is also submitted that the complainant himself has filed an application before the Court expressing his no-objection to the grant of bail to the applicants, thereby substantially diminishing any apprehension of threat to witnesses or interference with the course of justice. It is further submitted that no incriminating article has been seized from the possession of the applicants and the material collected during investigation is not sufficient to prima facie establish their involvement in the assault. It is further submitted that the injuries sustained by the injured are simple in nature and not grievous. It is also submitted that the applicant namely, Amit Gulhare @ Vicky, has four previous criminal antecedents under the IPC of the years 2019, 2020, 2021 and 2022, out of which, three cases are disposed of and only one case is pending which is of the year 2022, and applicants namely, Deepak Yadav and Arbaz Khan, have no previous criminal antecedents and all the applicants are in jail since, 24.05.2026, the charge sheet has already been filed, and the trial is likely to take some time for its conclusion. Therefore, they pray for grant of bail to the applicants. 5. On the other hand, learned State Counsel appearing for the non- applicant/State vehemently opposes the bail applications and submits that the charge-sheet has been filed in the present cases. She further submits that the present applicants are involved in a serious and violent offence wherein, acting in furtherance of their common intention, they assaulted the victim and caused grievous 5 injuries with deadly weapons. It is submitted that the prosecution case is supported by the statements of the complainant and other witnesses recorded during investigation, which clearly disclose the active participation of all three applicants in the commission of the offence. She further submits that applicant Vicky Gulhare initially abused the victim and his companion, threatened them with dire consequences and initiated the assault, while applicant Deepak Yadav assaulted the injured with a fibre pipe and applicant Fahu Pathan alias Arbaz attacked the injured with a sharp-edged knife, causing injuries on his wrist and cheek. It is further submitted that during the course of investigation, the weapon of offence, namely the knife used in the commission of the crime, has been recovered at the instance of applicant Fahu Pathan alias Arbaz, and the fibre pipe used in the assault has also been seized pursuant to the memorandum of applicant Deepak Yadav. The medical evidence corroborates the prosecution case and establishes that the injured sustained serious injuries as a result of the assault. She further submits that the applicant namely, Amit Gulhare @ Vicky, has four previous criminal antecedents under the IPC of the years 2019, 2020, 2021 and 2022, and applicant namely, Deepak Yadav, has one previous criminal antecedent bearing crime No. 172/2023 and and applicant namely, Arbaz Khan, has one previous criminal antecedent bearing crime No. 644/2025, therefore, the applicants are not entitled to be released on bail. 6. I have heard learned counsel for the parties and perused the case diary. 6 7. Considering the facts and circumstances of the case, the nature of allegations, the material collected during investigation, and the submissions advanced by learned counsel for both the parties, this Court finds that though there are allegations that the applicants assaulted the injured with a knife and fibre pipe, and the said weapons have been recovered from the possession of the applicants, but who has sustained injuries, which is non vital part of the body and the medical record reflects that the injured has received injuries which are simple in nature not in a grievous injuries. Moreover, so far as the criminal antecedents of the applicants are concerned, the applicant namely, Amit Gulhare @ Vicky, has four previous criminal antecedents under the IPC of the years 2019, 2020, 2021 and 2022, out of which, three cases are disposed of and only one case is pending which is of the year 2022, and applicant namely, Deepak Yadav, has one previous criminal antecedent bearing crime No. 172/2023 and and applicant namely, Arbaz Khan, has one previous criminal antecedent bearing crime No. 644/2025, the charge-sheet has been filed in the present case and they are in jail since 24.05.2026, and conclusion of the trial may take some time, without expressing any opinion on the merits of the case, this Court is of the considered view that the present applicants are entitled to be released on regular bail in theses cases. 8. Accordingly, the bail applications of the applicants are allowed. Let the Applicants – Amit Gulhare @ Vicky, Arbaz Khan and Deepak Yadav, involved in Crime No. 329/2026, registered at 7 Police Station : City Kotwali, District- Bilaspur, (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 119(1), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in 8 accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan