1 CGHC010343412026 2026:CGHC:40435 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.8263 of 2026 Chhotelal Gupta S/o Chandradev Gupta, Aged About 38 Years R/o Village - Jamira Path, P.S. - Samripath, District - Balrampur - Ramanujganj, (C.G.) ... Applicant (In Jail) versus State Of Chhattisgarh Through S.H.O. P.S. Kusmi, District Balrampur- Ramanjuganj, C.G. ... Respondent(s) For Applicant : Mr. Shashikesh Yadav, Advocate For Respondent/State : Ms. Avelin Juneja Gambhir, Panel Lawyer Single Bench : Hon’ble Shri Justice Parth Prateem Sahu Order on Board 16/09/2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.23/2026, registered at Police Station Kusmi, District Balrampur-Ramanujganuj (C.G.) for the offence punishable under Sections 296, 351(2), 109(1) and 3(5) of Bhartiya Nyay Sanhita. 2. The case of the prosecution, in brief, is that the complainant lodged a written report alleging that on 06.03.2026, at about 03:15 p.m., an altercation took place between the complainant and the accused persons over the parking of a vehicle. It is alleged that the accused persons attempted to assault the complainant with a knife. Thereafter, CHANDRAKANT DEWANGAN Digitally signed by CHANDRAKANT DEWANGAN Date: 2026.09.17 12:52:51 +0530 2 the complainant sat in his vehicle; however, the accused persons allegedly pulled him out of the vehicle and assaulted him with fists and hands. On the basis of the said report, an FIR was registered against the applicant/accused for the offences punishable under Sections 296, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.). Subsequently, Section 109(1) of the B.N.S. was also added, and after completion of the investigation, the charge-sheet has been filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He would submit that the main accused, namely Arvind Gupta has been enlarged on bail by this Court in MCRC No.8260/2026 on 08/09/2026. It is further submitted that the other co-accused, namely, Mahesh Gupta and Budhdev Gupta, have also been enlarged on bail by the Co-ordinate Bench of this Court in MCRC No. 6516/2026 vide order dated 18/08/2026. He would submit that the applicant is in jail since 22/06/2026 and conclusion of trial may take some time, hence he be enlarged on bail. 4. On the other hand, the other hand, learned State counsel would oppose the bail application, however do not dispute the fact that the main accused Arvind Gupta has been enlarged on bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, nature of allegation, considering the fact that the main accused, namely, Arvind Gupta has been enlarged on bail by this Court in MCRC No.8260/2026 on 08/09/2026 and another co-accused persons namely, 3 Mahesh Gupta and Budhdev Gupta, have also been enlarged on bail by the Co-ordinate Bench of this Court in MCRC No. 6516/2026 vide order dated 18/08/2026, applicant is in jail since 22/06/2026 and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, I am inclined to allow this bail application. 7. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- “(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/her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his/her 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 his/her, 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/her in accordance with law.” 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) Judge Chandrakant