1 CGHC010293362026 2026:CGHC:38910 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7006 of 2026 Ayush Gupta S/o Late Rajesh Gupta Aged About 21 Years R/o Ramnagar Sheetlapra Lane No. 18, P.S. Gudhiyari District Raipur C.G. ... Applicant versus State Of Chhattisgarh Through Police Station Ganj, District Raipur C.G. ... Non-Applicant For Applicant : Shri Leekesh Kumar, Advocate. For Non-Applicant : Shri Sourabh Sahu, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02/09/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.93/2026 registered at Police Station Ganj, District Raipur (C.G.) for the offence under Sections 296, 351 (2), 115 (2), 109 & 3 (5) of the BNS. 2. The prosecution case, in brief, is that on 04.04.2026 at about KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.09.03 10:49:10 +0530 2 03:00 PM, the complainant Smt. Sumitra Deep lodged a report alleging that her husband Ravi Deep, while standing in front of the Ganjpara country liquor shop along with his cousin Gaurav Sona, was confronted by Shiva @ Babu Marathi, who questioned him as to why he had allegedly assaulted his mother while she was fetching water near their house. It is further alleged that Shiva @ Babu Marathi and co- accused Ayush Gupta, in furtherance of their common intention, abused and threatened Ravi Deep with dire consequences, whereafter Shiva @ Babu Marathi assaulted him with a sharp-edged scissors, causing injuries on his right leg and the right side of his chest. On the basis of the said report, Crime No. 93/2026 was registered for the offences punishable under Sections 296, 115(2), 351(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. After completion of the investigation, the police filed the charge-sheet before the trial Court. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. The alleged seizure has been made by the police and there is no reliable independent witness to support the prosecution case. The alleged recovery is doubtful and is a matter of trial. No recovery whatsoever has been made from the present applicant Thus, there is no physical or material evidence connecting the applicant with the alleged offence. The present applicant has been falsely implicated on account of previous enmity between the parties. The 3 prosecution case itself reveals that the alleged incident arose out of an earlier dispute concerning the mother of co-accused Shiva @ Babu Marathi, and the present applicant had no personal motive or independent role in the said dispute. Even according to the prosecution, specific allegation of causing injuries with the scissors is attributed exclusively to co-accused Shiva @ Babu Marathi. No allegation of causing any injury with the alleged weapon has been made against the present applicant. The role attributed to the present applicant is distinct and substantially different from that of the principal assailant. The applicant is in jail since 5.4.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant has 4 criminal antecedents registered against him, out of which 3 cases have already been disposed of and one case is pending, and the charge sheet has been submitted against the applicant. Therefore, the bail application may be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicant, further considering the fact that the applicant has not caused any injury to the injured and the allegation of assault is directed against co-accused Shiva @ Babu 4 Marathi, the applicant is in jail since 5.4.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. Accordingly, the Application is allowed. 7. Accordingly, the Application is allowed. 7. Let the Applicant – Ayush Gupta, involved in Crime No.93/2026 registered at Police Station Ganj, District Raipur (C.G.) for the offence under Sections 296, 351 (2), 115 (2), 109 & 3 (5) of the BNS, be released on bail on furnishing 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 their counsel. In case of his absence, without sufficient 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 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 applicants are 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 5 against them 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. - Sd/- (Ramesh Sinha) Chief Justice Barve