1 CGHC010228512026 2026:CGHC:32120 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5520 of 2026 Jitendra Kujur S/o Shri Dilvendra Kujur Aged About 32 Years R/o Village (Karji Kharrapara ) P.S. and Tehsil Darima, District - Surguja (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Office Police Station Darima District Surguja (C.G.) ... Non-applicant For Applicant : Mr. Amitesh Kumar Pandey, Advocate. For Non-applicant/State. : Ms. Palak Dwivedi, Panel Lawyer. For Objector : Mr. Nitesh Sahu, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.07.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 85/2026 registered at Police Station – Darima, District – Surguja (C.G.), for the offences punishable under Sections 121(1), 132, 115(2), 221, 296 and 351(3) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act. 2. The prosecution case, in brief, is that an offence has been registered against the applicant/accused on the allegation that, in Village Kanthi, he ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.28 17:32:18 +0530 2 obstructed the official discharge of duties by the government Patwari (complainant), Prakash Mandal. It is alleged that the applicant abused the complainant in obscene language, extended threats to kill him, and assaulted. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant had visited the office of the Patwari to seek information regarding his land and requested the Patwari to provide the contact number of the Revenue Inspector, which was duly provided. Thereafter, the applicant attempted to contact the Revenue Inspector; however, she did not answer the call. The applicant then requested the Patwari to contact the Revenue Inspector on his behalf, but the Patwari refused to do so and, instead, allegedly abused the applicant in filthy language. Learned counsel further submits that the applicant has 10 criminal antecedents under the IPC, out of which 03 cases have already been disposed of, while the remaining 07 cases are still pending at the stage of recording of prosecution evidence. An explanation regarding the said criminal antecedents has also been furnished in Part D of the present bail application. It is further submitted that the applicant has been in judicial custody since 23.04.2026, the charge-sheet has already been filed, and the conclusion of the trial is likely to take considerable time. Therefore, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State counsel, as well as learned counsel appearing for the objector, oppose the bail application and submit that the charge-sheet has already been filed before the competent Court. It is contended that, having regard to the applicant's criminal antecedents, it is evident that he is a habitual offender. Therefore, considering his criminal history and the gravity of the allegations, the applicant is not 3 entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly the fact that the applicant has 10 criminal antecedents under the IPC, out of which 03 cases have already been disposed of, while the remaining 07 cases are still pending at the stage of recording of prosecution evidence, and that an explanation regarding the said criminal antecedents has been furnished in Part D of the present bail application, further considering that the charge-sheet has already been filed before the competent Court, the applicant has been in judicial custody since 23.04.2026, and the conclusion of the trial is likely to take some more time, this Court is of the opinion that, without expressing any opinion on the merits of the case, the applicant deserves to be enlarged on regular bail. 7. 7. Let the Applicant – Jitendra Kujur, involved in Crime No. 85/2026 registered at Police Station – Darima, District – Surguja (C.G.), for the offences punishable under Sections 121(1), 132, 115(2), 221, 296 and 351(3) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the 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 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. 4 (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 his 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek