1 CGHC010229192026 2026:CGHC:31244 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5489 of 2026 Abhijeet Giri Alias Babumani S/o Sunil Giri Aged About 24 Years R/o Dabripara Kashinagar, Ward No. 21 Korba District- Korba (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Civil Line Rampur Korba District- Korba (C.G.) ... Non-Applicant For Applicant : Mr. Shubham Dev Mallick, Advocate For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.07.2026 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. 0429/2026 registered at Police Station Civil Line Rampur Korba District- Korba, (C.G.) for the offence punishable under Sections 296, 115(2), 309(6), 351(3), and 3(5) of Bharatiya Nyaya Sanhita, 2023. (for short ‘BNS’) 2. Case of the prosecution, in brief, is that the complainant lodged a report alleging that on 12.06.2026, at about 09:00 A.M., when she had gone to the house of her sister, the present applicant, Abhijeet Giri, along with his mother, allegedly came to her house, trespassed RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 into the premises, abused and assaulted her, and further threatened her with dire consequences, including threats to her life. It is further alleged that during the course of the incident, the accused persons dishonestly removed and took away gold ornaments valued at approximately Rs.70,000/- from her possession. On the basis of the aforesaid allegations, an FIR came to be registered against the present applicant and the co-accused at the concerned Police Station, whereupon investigation was set into motion and the applicant was subsequently arrested. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case on account of personal enmity and a family dispute. It is submitted that the complainant is the aunt of the applicant and both parties are close relatives residing in the same locality at Dabripara, Kashinagar, Korba. He submits that the dispute arose on account of water being discharged from the adjoining house of the neighbours, namely Sanjay Vyas and Manisha Vyas, which allegedly entered the applicant’s house and damaged household articles. When the applicant objected to the same, a quarrel ensued, during which the complainant and other persons allegedly entered the applicant’s house and assaulted the applicant, his physically disabled mother, and his sisters. It is further submitted that the applicant’s younger sister was also subjected to indecent behaviour by Sanjay Vyas and was threatened with dire consequences. He submits that the applicant and his family immediately informed the police through 3 Dial-112 and thereafter the applicant’s sister submitted a written complaint before the Superintendent of Police and other authorities on 15.05.2026. It is contended that on the basis of the said complaint, a counter FIR was subsequently registered on 17.05.2026 against Sanjay Vyas, Manisha Vyas, Lalti Diholia and others, which clearly demonstrates that the present case is a case of cross versions arising out of the same incident. It is further submitted that the applicant has neither committed nor participated in any act constituting the alleged offences and that the material collected by the prosecution is not sufficient to prima facie establish his involvement. He further submits that the applicant is the sole breadwinner of his family. His mother, Smt. Lilawati Giri, is a permanently disabled woman who is unable to walk and is dependent upon the applicant for her care and livelihood. It is also submitted that the applicant earns his livelihood by running a handcart at Chowpatty, Korba, and supports his disabled mother and other family members. He further points out that co-accused Smt. Lilawati Giri, who is the mother of the applicant, has already been granted anticipatory bail by the competent Court vide order dated 19.05.2026. It is also submitted that both parties are relatives as well as neighbours and there remains a possibility of amicable settlement in future. As regards the criminal antecedents, it is submitted that though the applicant has seven previous cases to his credit, five are stated to be pending trial and two have already been decided. He further submits that the present applicant is in jail since 15.05.2026, charge-sheet has been filed before the competent 4 Court 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 appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that there are specific allegations against the applicant of assault, criminal intimidation and robbery of gold ornaments valued at about Rs. 70,000/- from the possession of the complainant. It is contended that the statements of the complainant and other witnesses collected during the course of investigation prima facie support the prosecution case and disclose the active involvement of the applicant in the commission of the alleged offences. She further submits that the applicant is a habitual offender and has as many as seven criminal antecedents to his credit, out of which five cases are still pending consideration before the competent Courts. Considering the nature and gravity of the allegations, and the criminal history of the applicant, it is prayed that the present bail application of the applicant deserves to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence that though there are allegations against the applicant regarding assault, criminal intimidation and removal of gold ornaments belonging to the complainant, and the applicant is also stated to have seven criminal antecedents, out of 5 which five cases are pending and two have already been decided, but considering the overall facts of the case, the dispute appears to have arisen out of a quarrel between close relatives and neighbours and a counter FIR has also been registered at the instance of the applicant’s sister in respect of the same incident and further considering the fact that he is in jail since 15.05.2026, and charge- sheet has been filed in the present case, and conclusion of the trial may take some time, therefore, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant- Abhijeet Giri Alias Babumani, involved in Crime No. 0429/2026 registered at Police Station- Civil Line Rampur, Korba, District- Korba, (C.G.) for the offence punishable under Sections 296, 115(2), 309(6), 351(3), and 3(5) of 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 6 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, 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