1 2026:CGHC:7656 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 363 of 2026 • Nitesh Gupta S/o Shri Kishor Kumar Gupta Aged About 40 Years R/o- House No. 390, Street No.- 15, Near Iti Kohka, Bhilai, Supela, District- Durg, Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Police Station- Bhilai Nagar, District- Durg, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Mateen Siddqui with Mr. Virendra Kashyap, Advocate For Respondent/State : Mr. Soumya Rai, Dy.G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.02.2026 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. 682/2025, registered at Police Station – Bhilai Nagar, District – Durg (C.G.) for the offence punishable under Sections 191(2), 121, 296, 324(1), 112, 61(2) B of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 3 of the Prevention of Damage to Public Property Act, 1984 and Section 3 of the Madhya Pradesh Prevention of Defacement of Property Act, 1994. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.12 19:00:02 +0530 2 2. The case of the prosecution, is that on 09.12.2025 at about 12:40 PM, Dr. Vinay Sharma, Principal of Kalyan Snatkottar Mahavidyalaya, Sector-07, Bhilai Nagar, District Durg, was present in his office and was engaged in routine academic and examination- related work. It is alleged that certain members of NSUI and some ex- students of the college entered the office premises, raised objections regarding certain administrative matters, created a commotion and allegedly took away some official documents, tore the same and threw them around. It is further alleged that certain office furniture and glass panes were damaged and that the complainant was verbally abused and threatened. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further contended that applicant is a respected Assistant Professor, who served Kalyan College from 2007 till May 2025, and during his long tenure he raised legitimate issue relating to provident fund, gratuity, salary of third grade employees and service benefits strictly through lawful means, which resulted in personal animosity on the part of complainant. He also submits that there are seven accused persons in the present case and other co-accused persons namely Aakash Kanojiya,, Deepak Pal (main accused) and Hardeep Patre, have already been enlarged on bail by learned trial Court. Copy of the same are annexed herewith as Annexure-A/5. He also submits that there is no criminal antecedents registered against the present applicant. It is further submitted that the applicant is in jail since 05.01.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail 3 application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has not been filed in this case. 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 there is no any criminal antecedents registered against the present applicant also considering the fact that co-accused persons namely Aakash Kanojiya, Deepak Pal (main accused) and Hardeep Patre, have already been enlarged on bail by trial Court. Copy of the same are annexed herewith as Annexure-A/5 and the applicant is in jail since 05.01.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Nitansh Gupta, involved in Crime No. 682/2025, registered at Police Station – Bhilai Nagar, District – Durg (C.G.) for the offence punishable under Sections 191(2), 121, 296, 324(1), 112, 61(2) B of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 3 of the Prevention of Damage to Public Property Act, 1984 and Section 3 of the Madhya Pradesh Prevention of Defacement of Property Act, 1994, 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 4 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 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 vaishali