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2026 DAILYLAW 33358 (CHH)

RAMAN RAJPUT v. THE STATE OF CHHATTISGARH

MCRC/7625/2026 · 2026-08-16

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Judgment text

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1 CGHC010307632026 2026:CGHC:36594 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7625 of 2026 1 - Raman Rajput S/o Shri Shrawan Rajput Aged About 23 Years R/o Sahu Basti, Nandi Chowk, District- Raipur (Chhattisgarh) ... Applicant(s) versus 1 - The State of Chhattisgarh Through Police Station Rajendra Nagar, District- Raipur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Yash Botha along with Mr. Suraj Sharma, Advocate For Respondent(s)/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.08.2026 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. 101/2026 registered at Police Station RUCHI YADAV Digitally signed by RUCHI YADAV 2 Rajendra Nagar, District Raipur (Chhattisgarh), for the offences punishable under Sections 296, 351(2), 115(2), 118(1), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”) and Sections 25 and 27 of the Arms Act. 2. As per the prosecution story, in brief, on 04.03.2026, during Holi celebrations in the locality, the applicant and three co-accused persons allegedly entered into a quarrel with Pratik Sahu over applying Gulal. It is further alleged that the applicant and the co-accused abused Pratik Sahu and Bhavesh Sahu and, when they objected to the use of abusive language, the accused persons threatened them and allegedly assaulted Pratik Sahu and Bhavesh Sahu with a sharp-edged object, causing injuries to them. Thereafter, the injured persons were admitted to Ram Krishna Care Hospital, Raipur. On the basis of the incident, Crime No. 101/2026 was registered at Police Station Rajendra Nagar, Raipur, for the offences punishable under Sections 296, 351(2), 115(2), 118(1), 109 and 3(5) of the BNS and Sections 25 and 27 of the Arms Act. The applicant was arrested on 04.03.2026. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant did not cause any injury to the injured persons and that the allegation against him is limited to assaulting them with hands and fists, whereas the co-accused, Dhananjay @ Noni, is alleged to have assaulted the injured person with a sharp- edged object on the chest. Learned counsel further submits that the charge-sheet has already been filed, the applicant has been in judicial custody since 04.03.2026, he has no criminal antecedent and the trial 3 is likely to take considerable time to conclude. Accordingly, learned counsel prays that the applicant be enlarged on regular bail. 4. Per contra, learned State counsel opposes the bail application and submits that although the applicant is not alleged to have caused any injury with a sharp-edged object, he is alleged to have participated in the assault by using hands and fists. The charge-sheet has already been filed. Considering the nature of the allegations, learned State counsel prays that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, particularly the nature of the allegations, the specific allegation against the applicant of assaulting the injured persons with hands and fists, the fact that no injury with a sharp-edged object is attributed to the applicant, the charge-sheet has already been filed, the applicant has been in judicial custody since 04.03.2026, he has no criminal antecedent, and the trial is likely to take considerable time to conclude, without commenting on the merits of the case, this Court is of the considered view that the applicant deserves to be enlarged on regular bail. 7. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. Let the Applicant –Raman Rajput involved in Crime No. 101/2026 registered at Police Station Rajendra Nagar, District Raipur (Chhattisgarh), for the offences punishable under Sections 296, 351(2), 115(2), 118(1), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”) and Sections 25 and 27 of the Arms Act, be released on bail on furnishing personal 4 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. (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