[Cites 4, Cited by 0]
Chattisgarh High Court
Nilesh Gangotri vs State Of Chhattisgarh on 10 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:11478
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2142 of 2026
Nilesh Gangotri S/o Laxminarayan Gangotri Aged About 22 Years R/o
Tikrapara Kansa Chowk, Thana City Kotwali, District - Bilaspur
Chhattisgarh
... Applicant(s)
versus
State Of Chhattisgarh Through Arakshi Kendra Torwa, District - Bilaspur
Chhattisgarh
... Respondent(s)
For Applicant(s) : Mr. Krishna Kumar Khatri, Advocate.
For Respondent(s) : Mr. Nitansh Jaiswal, P.L.
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. 338/2025 registered at Police Station
Torwa, District - Bilaspur (C.G.) for the offence punishable under
Sections 296, 351(2), 115(2), 333, 118(1), 324(1), 3(5) of
Bharatiya Nyaya Sanhita (for short 'BNS').
2. Case of the prosecution, in brief, is that on 10.08.2025, after
conducting investigation, the prosecution registered a case
against the accused in connection with Crime No. 338/2025 for
offences punishable under Sections 296, 351(2), 115(2), 333,
118(1), 324(2), 191(2), (3) and 190 of the B.N.S. and Sections 25
and 27 of the Arms Act. It is alleged that the accused attempted to
assault using a knife-like sharp weapon (chhuri). During
investigation, evidence was collected against the accused and he
was arrested and produced before the competent Court at
Bilaspur (C.G.), where he is presently in judicial custody. It is
further submitted that the applicant had earlier filed a regular bail
application before the Court of the Principal Sessions Judge,
Bilaspur (C.G.), which was transferred to the Court of the learned
Fourth Additional Sessions Judge, Bilaspur (C.G.), and the same
was rejected vide order dated 12.02.2026. Being aggrieved by the
said order, 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 similarly situated co-
accused persons, namely, Prakash Das, Priyanshu Gangwani,
Sonu Nishad, Vikas, Durgesh, Chetan Naag and Gokul Yadav,
have already been granted bail by this Court vide orders dated
15.10.2025, 06.11.2025, 03.12.2025 and 09.01.2026 in MCRC
Nos. 7333 of 2025, 8808 of 2025, 8828 of 2025, 9766 of 2025,
9769 of 2025 and 169 of 2026. The applicant is in jail since
10.08.2025, the applicant has four criminal antecedents of the
years 2021, 2022 and 2023 under the IPC, further 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.
4. On the other hand, learned State Counsel opposes the bail
application and submits that the charge-sheet has been filed in
the present case. He further submits that the applicant allegedly
assault the victim with a knife-like sharp weapon (chhuri), due to
which the victim sustained injuries, further seizure of knife has
been made from the present applicant and the applicant has four
criminal antecedents, therefore, the applicant is not entitled for
grant of bail.
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 10.08.2025, the fact that though the applicant allegedly
assault the victim with a knife-like sharp weapon (chhuri), due to
which the victim sustained injuries, but considering the fact that
similarly situated co-accused persons, namely, Prakash Das,
Priyanshu Gangwani, Sonu Nishad, Vikas, Durgesh, Chetan Naag
and Gokul Yadav, have already been granted bail by this Court
vide orders dated 15.10.2025, 06.11.2025, 03.12.2025 and
09.01.2026 in MCRC Nos. 7333 of 2025, 8808 of 2025, 8828 of
2025, 9766 of 2025, 9769 of 2025 and 169 of 2026, also
considering the criminal antecedents of the applicant, which are
four in number and the fact that charge-sheet has been filed, as
such, this Court is of the view that the applicant is entitled to be
released on bail in this case.
7. Accordingly, the application is allowed.
8. Let the Applicant-Nilesh Gangotri, involved in Crime No.
338/2025 registered at Police Station Torwa, District - Bilaspur
(C.G.) for the offence punishable under Sections 296, 351(2),
115(2), 333, 118(1), 324(1), 3(5) of Bharatiya Nyaya Sanhita (for
short 'BNS'), 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.
9. Office is directed to send a certified copy of this order to the trial
Court for necessary information and compliance.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Akhil
