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2026 DAILYLAW 31479 (CHH)

DHARMENDRA SINGH KSHATRI v. STATE OF CHHATTISGARH

MCRC/7750/2026 · 2026-08-19

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Judgment text

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1 CGHC010311042026 2026:CGHC:37417 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7750 of 2026 1 - Dharmendra Singh Kshatri S/o Sudama Singh Kshatri Aged About 20 Years R/o Rawa Madir, Near Tulsi Choice Centre, Birgaon, P.S. Urla, (District Raipur Commissionerate), C.G. ... Applicant(s) versus 1 - State of Chhattisgarh Through The SHO Urla, District Raipur Commissionerate, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Siddharth Pandey, Advocate For Respondent(s)/State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.08.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking grant of regular bail to the applicant, who is in judicial custody in connection with Crime No. 53/2026 registered at Police Station Urla, District Raipur Commissionerate (Chhattisgarh), for the offences RUCHI YADAV Digitally signed by RUCHI YADAV 2 punishable under Sections 326(g), 287, 125 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The prosecution case, in brief, is that a written complaint was lodged by the complainant, Jitendra Giri Goswami, who was working as a Salesman at Sangeeta Petrol Pump, Urla. It was alleged that on 18.02.2026 at about 07:40 p.m., the present applicant, along with the co-accused, arrived at the petrol pump on a motorcycle bearing registration No. CG-04-CH-1782 for refuelling. During the course of fuelling, despite being restrained by the employees of the petrol pump, the applicant allegedly lit a cigarette and intentionally ignited the petrol tank with a lighter, resulting in the motorcycle's petrol tank and the petrol dispensing nozzle catching fire. The fire was immediately extinguished by the petrol pump staff, namely, Sonu Dewangan, using a fire extinguisher. On the basis of the complaint, an FIR was registered against the present applicant and the co-accused under Sections 326(g), 287 and 125 of the Bharatiya Nyaya Sanhita, 2023 (BNS), in Crime No. 53/2026. The applicant was arrested on 19.02.2026. After completion of the investigation, charge-sheet No. 56/2026 dated 12.04.2026 was filed against the applicant and the co- accused for the offences punishable under Sections 326(g), 287 and 125 read with Section 3(5) of the BNS, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant has not committed the alleged offence and had no intention to cause the incident. Learned counsel further submits that the applicant has been in judicial custody since 19.02.2026, the 3 charge-sheet has already been filed and the applicant has no criminal antecedents. Out of the six prosecution witnesses cited, none has been examined so far, and therefore, the trial is likely to take considerable time to conclude. On these grounds, learned counsel prays that the applicant be enlarged on regular bail. 4. Per contra, learned State counsel opposes the bail application and submits that the allegations against the applicant are serious in nature. It is submitted that the applicant allegedly ignited the petrol tank with a lighter despite being restrained by the petrol pump employees, thereby creating a serious risk to life and property. However, learned State counsel fairly submits that the applicant has no criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, particularly the fact that the charge-sheet has already been filed, the applicant has been in judicial custody since 19.02.2026 and he has no criminal antecedents. It is also relevant that out of the six prosecution witnesses cited, none has been examined so far and, therefore, the trial is likely to take considerable time to conclude. Without commenting upon the merits of the case, this Court is of the considered view that the applicant is entitled to be released on bail. 7. Let the Applicant – Dharmendra Singh Kshatri involved in Crime No. 53/2026 registered at Police Station Urla, District Raipur Commissionerate (Chhattisgarh), for the offences punishable under Sections 326(g), 287, 125 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), be released on bail on furnishing personal bond with two 4 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, 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) 5 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. 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 Ruchi