Extracted from the PDF above. The PDF is authoritative.
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CGHC010329782026
2026:CGHC:38113
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7908 of 2026 1 - Chandraprakash Dongre S/o Mahesh Dongre Aged About 26 Years R/o Ward No. 02, Sweeper Mohalla Balodabazar, P.S. City Kotwali Balodabazar, Dist. Balodabazar-Bhatapara (C.G.) 2 - Aman Bharti S/o Raja Urf Biju Bharti Aged About 25 Years R/o Ward No. 11 Pahwa Road, Balodabazar, P.S. City Kotwali Balodabazar, Dist - Balodabazar - Bhatapara (C.G.) 3 - Vikas Bharti S/o Shashi Bharti Aged About 24 Years R/o Bhaisapasara, Balodabazar P.S. City Kotwali Balodabazar, Dist- Balodabazar- Bhatapara (C.G.) 4 - Rahul Bharti S/o Chandrashekhar Bharti Aged About 23 Years R/o Bhaisapasara, Balodabazar P.S. City Kotwali Balodabazar, Dist- Balodabazar-Bhatapara (C.G.)
... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali Balodabazar, District – Balodabazar-Bhatapara (C.G.) ---- Non-applicant For Applicants : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 25.08.2026
1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 336/2026, registered at Police Station – City Kotwali Balodabazar, District – Balodabazar-Bhatapara (C.G.) for the offence punishable RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 under Sections 351(2), 296, 191(2), 191(3), 190, 109(1), 115(2), 61(2) and 3(5) of the BNS. 2. The case of the prosecution, is that the complainant, Bhimbali Sahu, filed a complaint on 23.04.2026, alleging that on 21.04.2026, he uploaded a threatening status on his Instagram account regarding the co-accused, Rahul Bharti and Rahul Jaykar. On the same date, around 2:00 PM, near Khorsi Nala, he was confronted by Rahul Bharti, Manu Sahu, Anurag Banjare, and their associates. They verbally abused him, threatened his life, physically assaulted him, and attempted to kill him by pouring petrol on his head and trying to ignite it with a matchstick. However, when they noticed a crowd and people approaching, they fled the scene. On the basis of which the FIR was registered against the co-accused, namely Rahul Bharti, Manu Sahu, Anurag Banjare, and their companions. During the investigation present applicant was made accused in the present case, and a crime was registered against him. Hence, this application. 3.
It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted that there is no criminal antecedents of the applicant No.1, but there is one criminal antecedent of the applicant No.2 in which he is convicted, there are 3 criminal antecedents of applicant No.3 out of which in one case he has been acquitted, and there after a total of 13 criminal antecedents of the applicant No.4 in which he has been acquitted. It is further submitted that the co-accused persons have been granted bail by this Court vide orders dated 04.08.2026, 30.07.2026 and 28.07.2026 passed in MCRC Nos. 7082/2026,
3 6822/2026 and 5633/2026. The applicants are in jail since 24.04.2026 and trial is likely to take quite long time for its conclusion, therefore, on the ground of parity he may be granted bail. 4. On the other hand, learned State counsel opposes the bail application of the applicants and submits that there is no criminal antecedents of the applicant No.1, but there is one criminal antecedent of the applicant No.2, there are 3 criminal antecedents of applicant No.3, and there after a total of 13 criminal antecedents of the applicant No.4, but could not dispute the fact that co-accused persons have already been granted bail by this Court and the case of the present applicants is identical to that of the co-accused. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6.
Taking into consideration the facts and circumstances of the case, and the fact that though there is no criminal antecedents of the applicant No.1, but there is one criminal antecedent of the applicant No.2 in which he is convicted, there are 3 criminal antecedents of applicant No.3 out of which in one case he has been acquitted, and there after a total of 13 criminal antecedents of the applicant No.4 in which he has been acquitted, but the co-accused persons have been granted bail by this Court vide orders dated 04.08.2026, 30.07.2026 and 28.07.2026 passed in MCRC Nos. 7082/2026, 6822/2026 and 5633/2026, and the applicant is in jail since 24.04.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application, on the ground of parity. 4
7. Let applicants – Chandraprakash Dongre, Aman Bharti, Vikas Bharti, and Rahul Bharti, involved in Crime No. 336/2026, registered at Police Station – City Kotwali Balodabazar, District – Balodabazar- Bhatapara (C.G.) for the offence punishable under Sections 351(2), 296, 191(2), 191(3), 190, 109(1), 115(2), 61(2) and 3(5) of the BNS, be released on bail on their furnishing a personal bond with two sureties each 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) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is
5 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 Rajshekhar