[Cites 3, Cited by 0]
Chattisgarh High Court
Gyan Rathore vs State Of Chhattisgarh on 8 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:16172
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3141 of 2026
Gyan Rathore S/o Lakhan Rathore, Aged About 21 Years R/o Near Farswani
Bazar, Thana- Urga, Distt.- Korba (C.G.)
... Applicant
versus
State of Chhattisgarh Through SHO, Thana- Urga, Distt.-Korba (C.G.)
... Non-Applicant
For Applicant : Mr. Samir Singh, Advocate.
For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer.
Digitally
signed by
PREETI
PREETI KUMARI
KUMARI Date:
2026.04.09
Hon'ble Shri Ramesh Sinha, Chief Justice
13:26:50
+0530
Order on Board
08.04.2026
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. 09/2026,
registered at Police Station - Urga, District- Korba (C.G.) for the offence
punishable under Sections 296, 351(3), 115(2), 109(1), 190, 191(2),
191(3), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25, 27 of
Arms Act.
2. The prosecution case, in brief, is that the applicant, along with two
co-accused persons, allegedly abused and assaulted the complainant
and his nephew by pelting stones and bricks. It is further alleged that the
applicant attempted to cause the death of the complainant's nephew by
attacking him with a knife, inflicting an injury below the left shoulder. On
the basis of the aforesaid allegations, a First Information Report (FIR)
bearing No. 09/2026 dated 03.01.2026 has been registered at Police
Station Urga, District Korba, Chhattisgarh, against the present applicant
and the co-accused persons for offences punishable under Sections 296,
351(3), 115(2), 109(1), 190, 191(2), 191(3), and 3(5) of the Bharatiya
Nyaya Sanhita, 2023, as well as Sections 25 and 27 of the Arms Act.
3. It is argued by learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the present case. It is further
submitted that the applicant, along with the co-accused, allegedly
assaulted two injured persons. One of the injured sustained two incised
wounds on his left shoulder, swelling on the left side, and one incised
wound on the index finger. It is also argued that the recovery of a knife
has been made from the present applicant, and it is alleged that the
applicant used the said knife to assault the injured. However, the injuries
were inflicted on a non-vital part of the body, and there is no medical
query report to indicate that the injuries were dangerous in nature.
Further, the co-accused, namely Manish Das, has already been granted
bail by this Hon'ble Court vide order dated 23.03.2026 passed in MCRC
No. 1003/2026. It is also submitted that the charge-sheet has been filed.
The applicant has three previous criminal antecedents, in which he is
already on bail, and an explanation of the same has been provided in
paragraph 4(a) of the application. The applicant has been in judicial
custody since 05.01.2026. As the conclusion of the trial is likely to take a
considerable amount of time, learned counsel prays for grant of bail to the
applicant.
4. On the other hand, the learned State counsel opposed the bail application
and submitted that the charge-sheet has been filed in the present case.
She further submits that the applicant, along with the co-accused,
allegedly assaulted two injured persons and the recovery of a knife has
been made from the present applicant, further, the applicant has three
previous criminal antecedents which are pending, hence, he is not entitled
for grant of bail.
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,
nature and gravity of allegation levelled against the applicant and the fact
that the injuries were inflicted on a non-vital part of the body, and there is
no medical query report to indicate that the injuries were dangerous in
nature, further, the co-accused, namely Manish Das, has already been
granted bail by this Court vide order dated 23.03.2026 passed in MCRC
No. 1003/2026, the applicant has three previous criminal antecedents, in
which he is already on bail, the charge-sheet has been filed, and he has
been in jail since 05.01.2026, and the conclusion of the trial will take
some time, this Court is of the opinion that the applicant is entitled to be
released on bail.
7. Accordingly, the bail application is allowed. Let the applicant -
Gyan Rathore, involved in Crime No. 09/2026, registered at Police
Station - Urga, District- Korba (C.G.) for the offence punishable under
Sections 296, 351(3), 115(2), 109(1), 190, 191(2), 191(3), 3(5) of
Bharatiya Nyaya Sanhita, 2023 and Sections 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 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 his 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 his, 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 his 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
