[Cites 2, Cited by 0]
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,
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
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
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
