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2026 DAILYLAW 8502 (CHH)

Ashwani Yadav v. STATE OF CHHATTISGARH

MCRC/2379/2026 · 2026-04-21

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Judgment text

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1 2026:CGHC:18467 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2379 of 2026 Ashwani Yadav Son Of Late Santosh Yadav Aged About 19 Years Resident Of Devinagar, Near Maharana Pratap Chowk, Bilaspur, Police Station - Civil Line, Tahsil And District - Bilaspur, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through Station House O昀케cer, Police Station - Civil Line, Tahsil And District - Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Amit Singh Chauhan, Advocate For Non-applicant/ State : Mr. Shailendra Sharma, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22/04/2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.194/2026, registered at Police ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.04.23 15:43:31 +0530 2 Station : Civil Line, Bilaspur District-Bilaspur (C.G.) for the o昀昀ence punishable under Sections 115(2), 119(1), 296, 3(5), 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 25, 27 of Arms Act. 2. The case of the prosecution, in brief, is that complainant Ashwani Kumar Kurre, working at Bajaj Auto Showroom, Vyapar Vihar Road, Bilaspur, lodged a report alleging that on 04.02.2026, while he along with his associates was taking a vehicle to the yard, the accused persons along with a juvenile came on a scooty, dashed against the vehicle causing damage, and thereafter demanded money and assaulted the complainant. It is further alleged that on the same day at about 6:30 PM, the accused persons again entered the showroom, demanded money, abused the sta昀昀, and assaulted the complainant and other sta昀昀 members with a knife, causing injuries. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that no injury has been attributed to the applicant by any knife, and the alleged weapon has not been recovered from his possession. It is further submitted that the 3 applicant is in judicial custody since 06.02.2026, has no criminal antecedents, and the o昀昀ences alleged are not punishable with death or life imprisonment. It is also submitted that the applicant undertakes to cooperate in the trial, shall not misuse the liberty, and will appear before the trial Court as and when required. The applicant is a permanent resident with no likelihood of absconding or tampering with prosecution evidence and is ready to furnish adequate surety, hence, he prays for grant of bail. 4. Per contra, learned counsel for the State opposes the bail application and submits that the applicant is involved in a serious o昀昀ence involving repeated assault upon the complainant and sta昀昀 members with a knife inside the showroom premises, resulting in injuries. It is contended that the allegations are supported by the statements of injured witnesses and other material collected during investigation, which prima facie establish the involvement of the applicant. It is further submitted that recovery of weapon is not necessary at this stage when su昀케cient incriminating material is available. Hence, considering the gravity of the o昀昀ence, the applicant does not deserve to be released on bail. 4 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, particularly that the incident appears to have arisen out of a sudden altercation, the nature and gravity of the o昀昀ence, and further the fact that the injuries sustained by the injured persons, as re昀氀ected from the MLC report, are found to be simple in nature, the applicant is in judicial custody since 06.02.2026 and has no criminal antecedents, this Court is of the considered opinion that the trial is likely to take considerable time for its conclusion. The material available on record at this stage requires appreciation during trial, without further commenting on the merits of the case. This Court is of the considered opinion that the applicant deserves the bene昀椀t of bail, hence, the bail application is allowed. 7. Let the Applicant – Ashwani Yadav, involved in Crime No.194/2026, registered at Police Station : Civil Line, Bilaspur District-Bilaspur (C.G.) for the o昀昀ence punishable under Sections 115(2), 119(1), 296, 3(5), 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 25, 27 of Arms Act be 5 released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀xed 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 昀椀xed, either personally or through his counsel. In case of his absence, without su昀케cient cause, the trial court may proceed against him 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 presence, proclamation under Section 84 of BNSS is issued and the applicant fail to appear before the court on the date 昀椀xed in such proclamation, 6 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 昀椀xed 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昀케cient 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昀케ce is directed to provide a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Arpan