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2026 DAILYLAW 26822 (CHH)

ABHISHEK KSHATRIYA v. STATE OF CHHATTISGARH

MCRC/6263/2026 · 2026-07-13

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Judgment text

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1 CGHC010260602026 2026:CGHC:29645 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.6263 of 2026 Abhishek Kshatriya S/o Shri Lalmohan Kshatriya Aged About 21 Years R/o Near Sulabh Souchalaya (Public Toilet) Shakti Nagar, Police Station Khamhardih, District Raipur (CG) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Khamhardih, District Raipur Chhattisgarh --- Non-applicant _____________________________________________________ For Applicant :Mr. CR Sahu, Advocate. For Non-applicant/State :Ms. Anusha Naik, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.15 10:44:47 +0530 2 connection with Crime No.61/2026 registered at Police Station Khamardih, Raipur (C.G.), for the offences under Sections 296, 115(2), 351(3), 109 and 3(5) of BNS, 2023. 2. Prosecution story, in brief, is that on 27.02.2026, the complainant’s son Saurabh Sinha was sitting near Amritulya Tea Shop, Shakti Nagar, Raipur, when accused Golu Kshatriya @ Sandwich along with the present Applicant allegedly came there and started abusing him. On being objected to, both the accused persons allegedly assaulted him with fists and blows and accused Golu Kshatriya @ Sandwich allegedly assaulted him with a sharp-edged object with an intention to cause his death, resulting in injuries on his left wrist and left side of chest. The injured was taken to Arogya Hospital for treatment. Based on these allegations, the offences as mentioned above, have been registered 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. It is contended that the specific allegation against the Applicant is only of assault by hands and fists, whereas the allegation of causing injury by a sharp-edged object is attributed to co-accused Golu Kshatriya @ Sandwich. It is further submitted that the Applicant has no criminal 3 antecedents and has been implicated only on the basis of the memorandum statement. He further submits that the Applicant is in custody since 28.02.2026, charge-sheet has already been filed and the trial is likely to take considerable time for its conclusion, therefore, considering the period of detention, he may be enlarged on regular bail. 4. Per contra, learned State Counsel opposes the bail application and submits that there are no previous criminal antecedents against the present Applicant. 5. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the material available in the case diary, the fact that there are no previous criminal antecedents against the Applicant, who is in jail since 28.02.2026 and further considering the likelihood of the trial taking considerable time for its conclusion, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 6. Let Applicant-Abhishek Kshatriya involved in Crime No. 61/2026 registered at Police Station Khamardih, Raipur (C.G.), for the offences under Sections 296, 115(2), 351(3), 109 and 3(5) of BNS, 2023 be released on bail on his furnishing a personal bond with two sureties in the like sum 4 to the satisfaction of the Court concerned with the following conditions:- (i) The applicant/s shall file an undertaking to the effect that he/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 applicant/s shall remain present before the trial court on each date fixed, either personally or through his/their counsel. In case of his/their absence, without sufficient cause, the trial court may proceed against him/them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant/s misuse/s the liberty of bail during trial and in order to secure his/their presence, proclamation under Section 84 of BNSS. is issued and the applicant/s fail/s to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant/s 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/s 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/them in accordance with law. 7. Office is directed to send a certified copy of this order to the 5 trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Priya