Chattisgarh High Court
Mohammad Juned Chauhan vs State Of Chhattisgarh on 27 February, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
GOURI
MUDALIAR
Digitally signed by
GOURI MUDALIAR 2026:CGHC:10304
Date: 2026.02.28
14:48:50 +0530 NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2048 of 2026
Mohammad Juned Chauhan S/o Mohammad Sharif Chauhan Aged About 25
Years R/o Idgah Bhata Behind Muslim Hall, P.S. Azad Chowk District- Raipur
(C.G.) (As Per Challan) ... Applicant
versus
State Of Chhattisgarh Through- PS Azad Chowk District- Raipur Chhattisgarh
... Respondent
For Applicant : Shri Ashish Gangwani, Advocate.
For : Shri Soumya Rai, Dy.G.A.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
27/02/2026
1. This is the first bail application filed 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.307/2025 registered at Police Station PS Azad Chowk, District Raipur (C.G) for the offence punishable under Sections 109, 296, 351(2), 115(2), 118(1), 191(3) of B.N.S. and Section 25, 27 of Arms Act (as per challan).
2. Case of the prosecution, in brief, is that complainant Mohammad Altaf has lodged a report to this effect in Police Station Azad Chowk, District Raipur that on 18.10.2025, during the procession of Sandal Chadar, 2 there was an argument with the boys of Idgah Bhata in Baijnath Para, in connection with which he had gone to Idgah Bhata along with Syed Sohaib Ali, Mohammad Altaf, Mohammad Zakir, Abdul Aziz, Mohammad Aman, Mohammad Amin to talk to the boys of the locality at around 10.30 pm on 19.10.2025 Where he met Sameer, Aavesh, Saif, Sarfaroz, Moin, Sahil Bagga, Junaid and other people and was talking to them, then Saif and Sarfaroz started abusing him with filthy language and asked why he had come there. When he stopped them from abusing, they all unanimously started beating him with fists and knives, bats and rods in their hands with the intention of killing him. Due to the beating, Mohammad Zakir got injured on his back, Syed Sohaib Ali on his head, stomach, Abdul Azim on his head, left hand, thigh, Mohammad Aman on his head, back of the neck and his left hand shoulder and finger. On the above report of the complainant, Azad Chowk police station, Raipur district registered crime number 307/2025 against the accused.
3. Learned counsel for the applicant submits that the applicant was armed with an wooden bat whereas the co-accused was also armed with knife. It is argued that there were four injured persons who have suffered injuries of blunt object as well as sharp edge weapon but the injuries though was stated to be grievous in nature but there is no X ray report to show that any internal damage was caused. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 20/10/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail application 3 and he would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents.
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, submission of learned counsel for the parties, further the fact that the applicant was armed with an wooden bat whereas the co-accused was also armed with knife and four injured persons have suffered injuries of blunt object as well as sharp edge weapon but the injuries though was stated to be grievous in nature but there is no X ray report to show that any internal damage was caused, period of detention of the applicant since 20/10/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this case.
7. Accordingly, the bail application is allowed and it is directed that the Applicant-Mohammad Juned Chauhan, involved in Crime No.307/2025 registered at Police Station PS Azad Chowk, District Raipur (C.G) for the offence punishable under Sections 109, 296, 351(2), 115(2), 118(1), 191(3) of B.N.S. and Section 25, 27 of Arms Act, 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 4 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 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 for necessary information and compliance.
Sd/-
(Ramesh Sinha)
gouri CHIEF JUSTICE