Chattisgarh High Court
Bhavesh Nishad vs State Of Chhattisgarh on 10 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
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2026:CGHC:11476
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2144 of 2026
Bhavesh Nishad S/o Trinath Nishad Aged About 19 Years R/o Shankar
Nagar, Dhangardipa P.S.- City Kotwali Raigarh District- Raigarh (C.G.)
... Applicant
versus
State of Chhattisgarh Through P.S.- City Kotwali, Raigarh, District-
Raigarh (C.G.)
... Non-Applicant
For Applicant : Mr. Sanjay Agrawal, Advocate
For Non-Applicant/State : Mr. Nitansh Kumar Jaiswal, Deputy G.A.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
10.03.2026
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. 456/2025 registered at Police Station- City Kotwali, Raigarh, District- Raigarh, (C.G.) for the offence punishable under Sections 127(2), 191(2), 191(3), 296, 331(6), 324(4), 117(3), 351(2), 115(2) of the Bharatiya Nyaya Sanhita, 2023.
RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2
2. Case of the prosecution, in brief, is that on the date of the incident i.e., 05.09.2025, the complainant Shatrughan Mahant lodged an oral report stating that after having dinner he went to sleep, and at about 12:30 AM in the intervening night of 05/06.09.2025 he heard noise outside his house where some persons from Rajiv Nagar, Dhangerdeepa and Vikas Nagar were quarrelling among themselves over certain issues. Out of fear, the complainant did not open the door; however, thereafter certain persons, namely Teju Yadav, Deepak Netam, Bittu Nishad and Lucky Nishad allegedly entered the complainant's house and assaulted him with hands, fists, sticks and iron rods, due to which the complainant sustained injuries on his left hand and leg, and his aunt also sustained an injury to her eye due to stone pelting; on the basis of the said report, the police registered the aforesaid offences. After completion of investigation, charge-sheet has been filed before the competent Court and the applicant and other co-accused persons have been arrested, Hence, the present bail application has been filed.
3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that there is no seizure has been made from the present applicant therefore the involvement of the present applicant in the present case is doubtful. He further submits that similarly situated co-accused persons, namely, Teju Yadav and Jaiki Chauhan have already been granted bail by this Court vide orders dated 19.02.2026 and 19.01.2026 in MCRC Nos. 1713/2026 and 670/2026 respectively. He also submits that the applicant has 3 three previous criminal antecedents which are is pending, and he is in jail since 20.09.2025, the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity.
4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that the charge-sheet has been filed before the competent Court, but could not dispute the fact that co-accused persons have already been granted bail by this Court and the case of the present applicant is identical to that of the co-accused.
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, nature and gravity of offence, period of detention of the applicant since 20.09.2025, the fact that though the present applicant and other co-accused were committed that said crime, but other co- accused persons, namely, Teju Yadav and Jaiki Chauhan have already been granted bail by this Court vide orders dated 19.02.2026 and 19.01.2026 in MCRC Nos. 1713/2026 and 670/2026 respectively, and the case of present applicant is identical to that of the co-accused persons, further the applicant has three previous criminal antecedents which are pending, the charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity.
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7. Accordingly, the bail application of the applicant is allowed. Let the Applicant - Bhavesh Nishad, involved in Crime No. 456/2025 registered at Police Station- City Kotwali, Raigarh, District- Raigarh, (C.G.) for the offence punishable under Sections 127(2), 191(2), 191(3), 296, 331(6), 324(4), 117(3), 351(2), 115(2) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 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 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha) Chief Justice Rahul Dewangan