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2026 DAILYLAW 33586 (CHH)

VISHAL CHHABLANI v. STATE OF CHHATTISGARH

MCRC/7876/2026 · 2026-08-23

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Judgment text

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1 CGHC010325912026 2026:CGHC:37854 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7876 of 2026 Vishal Chhablani S/o Vinod Kumar Chhablani, Aged About 32 Years, R/o Gaytri Mandir Road Ward-5 Tilda-Neora, Police/ Thana- Tilda- Neora, District- Raipur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Police Of Police Station- Tilda - Neora, District- Raipur Chhattisgarh. ... Non-applicant For Applicant : Mr. Aakash Aahuja, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.08.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 222/2026, registered at Police Station – Tilda-Neora, District- Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 119(1), 324(4), 331(2), 190, 191(2) and 191(3) of the BNS. 2. As per the prosecution case, another crime bearing Crime No. 223/2026 has also been registered against the applicant/accused at Police Station Tilda-Nevara for the offences punishable under Sections 296, 126(2), 324(4), 311 and 351(3) of the Bharatiya Nyaya Sanhita, 2023. It is PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.08.25 11:22:44 +0530 2 alleged that the applicant/accused was involved in demanding money, entering the canteen in an inappropriate manner, assaulting the canteen employees and causing damage to the articles kept in the canteen. The prosecution has treated the aforesaid allegations as serious in nature and has relied upon the said criminal antecedent against the applicant/accused. 3. It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has already been filed and that the co-accused has been granted bail by this Court vide order dated 14.08.2026 passed in MCRC No. 7539/2026. It is also submitted that the applicant has four previous criminal antecedents, out of which two cases have been compromised, one case has resulted in payment of fine, and in the remaining case, arising out of the same incident which also resulted in registration of Crime No. 223/2026, the applicant has already been granted bail by this Court vide order dated 04.08.2026 passed in MCRC No. 7070/2026. It is further submitted that the charge-sheet has been filed, the applicant has been in custody since 24.05.2026 and that the trial is likely to take considerable time for its conclusion. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case but could not dispute the fact that the identically situated co-accused person has been granted bail by this Court. Further, he also submits that the applicant has four previous criminal antecedents, hence he is not entitled for grant of bail. 3 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, nature and gravity of allegation levelled against the applicant and the fact that the co-accused has been granted bail by this Court vide order dated 14.08.2026 passed in MCRC No. 7539/2026, further the applicant has four previous criminal antecedents, out of which two cases have been compromised, one case has resulted in payment of fine, and in the remaining case, arising out of the same incident which also resulted in registration of Crime No. 223/2026, the applicant has already been granted bail by this Court vide order dated 04.08.2026 passed in MCRC No. 7070/2026, the charge-sheet has been filed, the applicant has been in custody since 24.05.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application on the ground of parity. 7. Accordingly, the bail application is allowed. Let applicant, Vishal Chhablani, involved in Crime No. 222/2026, registered at Police Station – Tilda-Neora, District- Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 119(1), 324(4), 331(2), 190, 191(2) and 191(3) of the BNS, 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 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 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti