1 CGHC010265382026 2026:CGHC:30184 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6349 of 2026 Sunil Kashyap S/o Jugdhar Lal Kashyap Aged About 42 Years R/o Residence Lalbaag Amaguda, P.S. Kotwali, Jagdalpur, Distt. Bastar, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Kotwali, Jagdalpur, District- Bastar, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Gajendra Prakash Sahu, Advocate For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.07.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 171/2026 registered at Police Station- Kotwali, Jagdalpur, District- Bastar, (C.G.) for the offence punishable under Sections 75, 79, and 296 of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that on 20.04.2026, at about 6:30 A.M., when the complainant was fetching water from a public tap RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 situated in front of her house, the applicant, namely Sunil Kashyap, who resides in the neighbourhood, allegedly addressed her in obscene and abusive language. It is alleged that the incident occurred in a public place and was witnessed by other persons present there, causing annoyance and disturbance to the complainant as well as to the members of the public. On the basis of the complaint lodged by the complainant, the police registered Crime No. 171/2026 for offences punishable under Sections 75, 79 and 296 of the Bharatiya Nyaya Sanhita, 2023, and commenced investigation. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that there is no direct, cogent, or reliable evidence connecting the applicant with the alleged offence and that the prosecution case rests solely upon the allegations levelled by the complainant, without any independent corroboration. He further submits that the dispute between the parties has been amicably resolved and that the complainant no longer wishes to pursue the matter against the applicant. In this regard, the complainant has voluntarily executed an affidavit dated 24.06.2026, expressly stating that she has no objection if the applicant is enlarged on bail. A copy of the affidavit dated 24.06.2026 executed by the complainant in favour of the present applicant has been filed along with the application and is annexed as Annexure A/3. He further submits that the present applicant has no criminal antecedents, the charge- sheet has been submitted before the competent Court, he is in jail 3 since 23.04.2026, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been submitted before the competent Court. She further submits that the allegations levelled against the applicant are serious in nature and disclose the commission of cognizable offences. It is further submitted that the affidavit filed by the complainant expressing no objection to the grant of bail cannot, by itself, be a ground for enlarging the applicant on bail, particularly when the offences alleged are against society and are required to be examined independently on the basis of the material collected during investigation. Accordingly, it is prayed that the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of allegations levelled against the applicant, the fact that the case primarily arises out of a dispute between the parties, the submissions advanced on behalf of the applicant, the affidavit dated 24.06.2026 filed by the complainant categorically stating that she has no objection to the grant of bail to the applicant, A copy of the affidavit dated 24.06.2026 has been filed along with the application and is annexed as Annexure A/3, and further the present applicant has no criminal antecedents, the charge-sheet has been submitted before the competent Court, he is in jail since 23.04.2026, and the 4 conclusion of the trial may take some more time, and without expressing any opinion on the merits of the case, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the applicant - Sunil Kashyap, involved in Crime No. 171/2026 registered at Police Station- Kotwali, Jagdalpur, District- Bastar, (C.G.) for the offence punishable under Sections 75, 79, and 296 of the Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 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 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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, 5 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 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 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