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2026 DAILYLAW 26186 (CHH)

RAVISHANKAR GUPTA v. STATE OF CHHATTISGARH

MCRC/6162/2026 · 2026-07-09

Transfer Petitionbody2026

Judgment text

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1 CGHC010245062026 2026:CGHC:28926 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6162 of 2026 • Ravishankar Gupta S/o Nandkishore Gupta Aged About 25 Years R/o Village Namnakla, Jhanjhatpara, Ambikpur District Surguja C.G. ... Applicant versus • State Of Chhattisgarh Through- The Station House Office, Police Station Kotwali District Surguja C.G. ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Hariom Rai, Advocate. For State/Non-applicant : Mr. Shubham Bajpai, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.174/2026 registered at Police Station Kotwali, District Surguja (C.G.) for the offence punishable under Sections 296, 351, 115(2), 3(5) of BNS, 2023 and Sections 25 & 27 of Arms Act. 2. Case of the prosecution, in brief, is that complainant has lodged a written complaint before the concerned police station that a boy namely Ledali was arguing by pulling my child’s pants, when I refused to do so, he along with his friends brandishing a sword and started abusing her DEEPTI JHA Digitally signed by DEEPTI JHA 2 in filthy language and also threatened her to kill. Thereafter, he slapped the complaint and hit her head with the butt of the sword. Subsequently, Shashi and Vicky intervened and tried to stop the fight, then present applicant also threatened them to beat them as well as also hit the husband of the complainant. Based on the above facts, crime was registered against the present applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime question. It is further submitted that present applicant is the only bread earner in his family and there are three co-accused persons, but without there being any evidence, applicant has been falsely implicated in the said crime. It is fairly submitted that there is one criminal antecedent registered against the present applicant and he is in jail since 14.05.2026 and the charge sheet has already been filed, the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge sheet has been filed in the present case before the competent Court and there is one criminal antecedent registered against the present applicant. He further submits that applicant assaulted the injured and her husband with a butt of sword and also there are total 9 witnesses as per charge sheet, therefore, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the 3 case diary. 6. Taking into consideration the facts and circumstances of the case and the fact that the applicant is a young boy aged about 25 years, who is the only bread earner in the family and he is in jail since 14.05.2026 and the charge sheet has already been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Ravishankar Gupta, involved in Crime No.174/2026 registered at Police Station Kotwali, District Surguja (C.G.) for the offence punishable under Sections 296, 351, 115(2), 3(5) of BNS, 2023 and Sections 25 & 27 of Arms Act, be released on bail on furnishing 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/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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (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/her in accordance with law. 8. 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 Deepti Jha