Extracted from the PDF above. The PDF is authoritative.
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CGHC010177972026
2026:CGHC:30718
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.4193 of 2026 Devcharan Kashyap, S/o- Late Natottam Kashyap, Aged About 35 Years R/o- Village- Pacheda, Police Station- Janjgir, District- Janjgir-Champa (C.G.)
... Applicant versus State Of Chhattisgarh Through Collector District- Janjgir-Champa (C.G.) ...Non-applicant _____________________________________________________ For Applicant :Mr. Sushil Dubey, Advocate. For Non-applicant/State:Ms. Palak Dwivedi, PL. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 20.07.2026
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 connection with Crime No.198/2026 registered at Police Station Janjgir, District Janjgir-Champa (C.G.), for the SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.21 11:48:20 +0530
2 offences under Section 115(2), 140, 296, 324(4) and 351(3) of BNS.
2. Briefly stated, the facts of the case are that on 11.03.2026, the complainant and the Village Panchayat Secretary were returning on a motorcycle when, near the Dhurkot liquor shop, they noticed a group of persons engaged in a quarrel. When the Secretary intervened and asked them not to fight, the present Applicant, along with co-accused persons, allegedly abused the complainant and the Secretary in filthy language, threatened them with dire consequences, assaulted them, damaged the complainant's motorcycle and forcibly abducted the Secretary in a four-wheeler. The Secretary was later released near a petrol pump, having sustained injuries to his face and temple. Accordingly, the present offences were registered against the 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 alleged incident occurred all of a sudden when the complainant and the injured intervened in an ongoing quarrel and there was no prior enmity or premeditation on the part of the Applicant. It is further submitted that the FIR contains only omnibus allegations
3 against the Applicant and other co-accused, without attributing any specific overt act or injury to the present Applicant and the injuries sustained by the injured are simple in nature and no weapon has been attributed to the Applicant. It is also submitted that the allegation of abduction is doubtful, as the injured was released shortly thereafter near a petrol pump. It is lastly submitted that Applicant is in jail since 12.03.2026 and the trial is likely to take considerable time for its conclusion, therefore, he may be granted regular bail. 4. On the other hand, 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 the FIR contains omnibus allegations against the present Applicant without attributing any specific overt act, the nature of injuries sustained by the injured, the period of custody of the Applicant since 12.03.2026 and the trial is likely to take 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. 4
6. Let Applicant-Devcharan Kashyap involved in Crime No. 198/2026 registered at Police Station Janjgir, District Janjgir- Champa (C.G.), for the offences under Section 115(2), 140, 296, 324(4) and 351(3) of BNS 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/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
5 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 trial Court concerned for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice Priya