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2026 DAILYLAW 31026 (CHH)

ASHISH PURTI v. STATE OF CHHATTISGARH

MCRC/7135/2026 · 2026-08-04

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Judgment text

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1 CGHC010290432026 2026:CGHC:34200 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7135 of 2026 Ashish Purti D/o Frachilen Purti Aged About 43 Years R/o Indira Nagar, Ward No. 5, P.S. And Tehsil Dongaragarh, District - Rajnandgaon, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Dongargarh, District - Rajnandgaon, Chhattisgarh. ... Non-applicant For Applicant : Mr. Purnendra Khichariya, Advocate. For Non-applicant/State : Mr. Sumit Singh, Dy. A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.08.2026 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. 180/2026, registered at Police Station - Dongargarh, District - Rajnandgaon (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 339 & 3(5) of the BNS. 2. The prosecution case, in brief, is that the complainant namely Lalita VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.06 10:59:12 +0530 2 Singh appeared before P.S. and further alleged that the present applicant along with the other co-accused has taken her in her confidence that they will provide service/Government Job to the complainant in EMRC Eklava Model Residence School on the post of counselor it is also further allegation that they have taken Rs. 2,00,000/-as advance by online transaction from Punjab National Bank and stated her to provide the job in the month of February 2026. That after that no amount was refund and also no service was provide to the complainant and on her allegation the police has lodge FIR in crime no.180/2026 dated 13.04.2026 for the allegation of the offence committed under Section 318(4), 338, 339, 3(5) of BNS. 3. Learned Counsel for the applicant submits that the investigation has been completed and the charge-sheet has already been filed before the competent Court; however, the evidence of the prosecution witnesses has not yet been concluded. It is further submitted that the applicant is the sole bread earner of his family and his prolonged pre- trial incarceration is causing serious hardship to his family members. The parents of the applicant are aged and there is no one except the applicant to look after them. Learned Counsel further submits that no further custodial interrogation of the applicant is required as the investigation already stands concluded. It is also submitted that the case is triable by the Court of JMFC and the alleged offence is compoundable in nature; therefore, there is a possibility of settlement between the parties. It is further submitted that the applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution 3 evidence, and he is ready to furnish adequate surety and abide by all the terms and conditions that may be imposed by this Court. On these grounds, learned Counsel prays that the applicant may kindly be enlarged on bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, the fact that the charge-sheet has already been filed before the competent Court, that the applicant has no criminal antecedents, and that the applicant has been in judicial custody since 14.04.2026, coupled with the fact that the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Ashish Purti, involved in Crime No.180/2026, registered at Police Station - Dongargarh, District - Rajnandgaon (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 339 & 3(5) of the BNS, be released on bail on furnishing personal bond with two local 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 4 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, 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 vaibhav