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2026 DAILYLAW 32532 (CHH)

ALTAB @ GOTI NETAM v. STATE OF CHHATTISGARH

MCRC/7684/2026 · 2026-08-18

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Judgment text

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1 CGHC010320082026 2026:CGHC:37145 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7684 of 2026 Altab @ Goti Netam S/o Shri Roshan Netam Aged About 20 Years R/o Ward, No.07, Atal Awas, Abhanpur, Raipur, District- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- The Police Station Abhanpur, District- Raipur (C.G.) ... Non-applicant(s) For Applicant(s) : Mr. Pushpendra Kumar Patel, Advocate. For Non-applicant(s) : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.08.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 15/2026, registered at Police Station Abhanpur, District- Raipur (C.G.) for the o7ences punishable under Sections 296, 351(2), 115(2), 118(1), 324(2) and 3(5) of the BNS, 2023. 2. The case of the prosecution, in brief, is that on the report lodged by the complainant Sant Kumar Netam, Crime No. 15/2026 was KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 registered at Police Station Abhanpur for the o7ences punishable under Sections 296, 351(2), 115(2), 118(1) and 3(5) of the BNS, 2023 and the matter was taken up for investigation. During the course of investigation, the present applicant was found involved in the commission of the o7ence and on 05.06.2026, a knife was seized at the instance of the applicant and he was arrested and remanded to judicial custody. Thereafter, supplementary charge- sheet has been =led before the competent Court and the case is stated to be =xed for arguments before charge against accused Altaf @ Goti Netam. The allegation against the present applicant is that he, along with other co-accused persons, abused the complainant in =lthy language, threatened him with dire consequences and assaulted him with an axe and knife, which are sharp-edged weapons, thereby causing simple injuries to the complainant on his shoulder, hand and below the waist. It is further alleged that the accused persons also damaged the complainant's motorcycle bearing registration No. CG-04-MV-9189 by striking it with an axe. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has not committed any o7ence as alleged by the prosecution. He further submits that there is no direct and speci=c allegation against the present applicant and only vague allegations have been made against him. It is further submitted that the applicant has been implicated in the present case only on the basis of memorandum. He further submits that looking to the material available on record, no prima facie case 3 is made out against the applicant. He further submits that the =nal report has already been =led before the competent Court and the recording of prosecution evidence is going on and, therefore, no further custodial interrogation of the applicant is required. He further submits that the applicant has one criminal antecedent under the IPC, which is still pending and the applicant is in jail since 05.06.2025 and the trial is likely to take some time therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail to the applicant and submits that the applicant has disclosed one criminal antecedent in the bail application, however, apart from the said case, there is one more criminal case against the applicant which has not been explained. Thus, the applicant has two criminal antecedents, out of which one case remains unexplained. However, he fairly submits that, as per the MLC report, the injuries sustained by the injured are simple in nature and the charge-sheet, including the supplementary charge-sheet, has already been =led before the competent Court. 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, nature and gravity of the allegations levelled against the applicant, the fact that the injuries sustained by the injured are simple in nature as reEected from the MLC report and further considering that the charge-sheet has already been =led before the competent 4 Court, though the applicant has two criminal antecedents, out of which one has been disclosed and one remains unexplained and the applicant is in jail since 05.06.2026, the trial is likely to take some time for its conclusion, therefore, without commenting anything on the merits of the case, I am inclined to grant bail to the present applicant. 7. 7. Accordingly, the bail application is allowed. 8. Let applicant, Altab @ Goti Netam, involved in Crime No. 15/2026, registered at Police Station Abhanpur, District- Raipur (C.G.) for the o7ences punishable under Sections 296, 351(2), 115(2), 118(1), 324(2) and 3(5) of the BNS, 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 =le an undertaking to the e7ect that he shall not seek any adjournment on the dates =xed 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 =xed, either personally or through his counsel. In case of his absence, without suFcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 5 during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nyaya Sanhita is issued and the applicant fails to appear before the court on the date =xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates =xed 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 suFcient 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. 9. OFce is directed to provide a certi=ed copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice 0. . Kunal