1 2026:CGHC:19638 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3830 of 2026 Amit Kumar S/o Karamveer Aged About 37 Years R/o Village Khadisath, Tahsil Sapla Bana IMT, District - Rohtak Haryana. ... Applicant versus State of Chhattisgarh Through S H O to P S Kotwali Ambikapur, District Surguja, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Praveen Soni, Advocate along with Mr. Suraj Kumar Audheliya, Advocate. For Non-Applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 28.04.2026 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. 884/2025, registered at Police Station – Kotwali Ambikapur, District- Sarguja (C.G.) for the offence punishable under Sections 119(3), 296(B), 351(3), 115(2), 111(2)(B), 324(4), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act. 2. As per the prosecution story, in brief, on 22.11.2025, the complainant (Saddam Khan) says he was called by Sahil Khan to a place called Luchki Ghat, Kantiprakashpur because officials (Patwari and Revenue Inspector) were measuring land and a dispute had arisen. When he 2 reached there, an argument was already going on between two sides over the land measurement. The situation escalated from a verbal dispute into a physical fight (scuffle). The complainant alleges that the applicant (accused) and other co-accused attacked him and others using sticks or similar objects. As a result, the complainant and some others suffered injuries. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to an unfortunate coincidence of his presence at the site, where he had gone merely to meet his junior advocate. It is pertinent to note that there exists a cross-version of the same occurrence, as evidenced by FIR No. 954/2025 lodged by the father of the applicant’s Advocate against the complainant party, alleging a coordinated attack carried out with the assistance of land mafias. In fact, the applicant himself was a victim of the said incident and sustained grievous injuries on his head and other parts of the body, and his vehicle was also damaged during the course of incident. The applicant had no prior intention, motive, or mens rea to cause injury to any person. His presence at the spot was solely for the limited purpose of obtaining legal updates in relation to a separate pending matter. Mere involvement in a civil land dispute or reference to prior isolated FIRs cannot, by any stretch of imagination, bring the applicant within the ambit of the stringent provisions relating to organized crime. It is further contended that the charge-sheet has already been filed. The applicant is stated to have two previous criminal antecedents under the BNS and Arms Act, explanation of the same has been given in paragraph No. 4(a) of this bail application and has been in judicial custody since 23.11.2025. In view of the aforesaid circumstances, learned counsel prays that the applicant be enlarged on bail. 3 4. On the other hand, learned counsel for the State opposed the bail application and submitted that the charge-sheet has already been filed. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the charge-sheet has been filed before the competent Court, further that the present case arises out of a purely civil dispute concerning demarcation and possession of land, the applicant has two previous criminal antecedents, which has been duly explained in paragraph No. 4(a) of the present bail application, and the applicant is in jail since 23.11.2025, this Court is of the opinion that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. Let the applicant - Amit Kumar, involved in Crime No. 884/2025, registered at Police Station – Ambikapur, District- Sarguja (C.G.) for the offence punishable under Sections 119(3), 296(B), 351(3), 115(2), 111(2)(B), 324(4), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act, be released on bail on his furnishing a 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 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 4 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 Preeti