1 2026:CGHC:11716 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2295 of 2026 Mahesh Gendre S/o Late Amarlal Gendre Aged About 41 Years R/o Village - Sakri, P.S. - Arang, District - Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through - Station House O.cer, Police Station - Arang, District - Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Galib Dwivedi, Advocate For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.03.2026 1. This is the 4rst bail application 4led under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 28/2026 registered at Police Station- Arang, District - Raipur, (C.G.) for the o<ence punishable under Section 326(g) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that the complainant and the present applicant are wife and husband and were residing together in the house of the complainant. It is alleged that when the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 complainant had gone to her sister’s house, the present applicant set 4re to a hut situated outside the house which was being used as a kitchen and also set the motorcycle on 4re. When the complainant returned home on 10.01.2026, she came to know about the said incident. Thereafter, on the basis of her report, a crime has been registered at Police Station Arang, District Raipur (C.G.) on 16.02.2026 for the alleged o<ence punishable under Section 326(g) of the B.N.S. against the present applicant. Hence, the present bail application. 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 there is no su.cient legal material or cogent evidence available on record which constitutes the alleged o<ence against the present applicant. He further submits that the applicant has no previous criminal antecedents, the charge-sheet has been 4led, he is in jail since 16.02.2026, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been 4led before the competent Court. She further submits that the applicant has committed a serious o<ence by intentionally setting 4re to the hut used as a kitchen and also burning the motorcycle belonging to the complainant. It is further submitted that the complainant and the applicant are husband and wife and the act of the applicant has caused signi4cant damage to the property. Considering the nature 3 and gravity of the allegations and the conduct attributed to the applicant, the applicant is not entitled to be released on bail. 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 that thought the allegations against the applicant are that the applicant has committed the alleged o<ence by intentionally setting 4re to the hut used as a kitchen and also burning the motorcycle belonging to the complainant, but it is to be noted that the applicant and the complainant are husband and wife, and that the applicant is in jail since 16.02.2026, the charge-sheet has already been 4led before the competent Court, he has no previous criminal antecedents, and the trial is likely to take considerable time for its conclusion. Therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant - Mahesh Gendre, involved in Crime No. 28/2026 registered at Police Station- Arang, District - Raipur, (C.G.) for the o<ence punishable under Section 326(g) of the Bharatiya Nyaya Sanhita, 2023, 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 4le an undertaking to the e<ect that he shall not seek any adjournment on the dates 4xed for evidence when the witnesses are 4 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 4xed, either personally or through his counsel. In case of his absence, without su.cient 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 4xed 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 4xed 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 su.cient 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. O.ce is directed to provide a certi4ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan