Citation : 2026 Latest Caselaw 287 Chatt
Judgement Date : 10 March, 2026
1
2026:CGHC:11454
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2220 of 2026
Aman Bhaumik S/o Shri Sanjay Kumar Bhaumik Aged About 23 Years R/o
Village- Hafa, P.S. And Tahsil - Sakri, District- Bilaspur, Chhattisgarh.
... Applicant
versus
State of Chhattisgarh Through Station House Officer, Police Station- Sakri,
District- Bilaspur, (C.G.)
... Non-applicant
For Applicant : Mr. Pawan Kumar Kashya, Advocate.
Non-applicant/State : Ms. Ritika Verma, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Digitally
signed by
ABHISHEK
ABHISHEK
SHRIVAS
SHRIVAS
Date:
Order on Board
2026.03.11
11:39:19
+0530
10.03.2026
1.
The applicant has preferred this First Bail Application under Section 483
of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail,
as he has been arrested in connection with Crime No. 971/2025,
registered at Police Station Sakri, District Bilaspur (C.G.) for the offence
punishable under Sections 296, 115(2), 351(2), 119(1) and 118(1) of the
Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act.
2. As per the brief prosecution story, the complainant lodged a complaint at
the concerned police station stating that on the date of the incident, i.e.,
15.12.2025 at about 06:00 o'clock, a dispute arose between the parties
regarding the demand for Rs. 200/- for consuming liquor. When the
complainant refused to give the said amount, the applicant allegedly
assaulted the complainant with a weapon, used filthy language, and
threatened to commit his murder. Based upon the said report, the
concerned police station registered an offence punishable under Sections
296, 115(2), 351(2), 119(1), and 118(1) of the B.N.S., and Sections 25
and 27 of the Arms Act against the applicant.
3. Learned counsel for the applicant submits that the present applicant is an
innocent person who has been falsely implicated in this case. He further
submits that the injuries sustained by the injured are simple in nature. He
also submits that the applicant has 07 criminal antecedents under the
IPC and BNS, out of which 05 cases have already been disposed of and
02 cases are pending trial. He further submits that the applicant has been
in jail since 16.12.2025 and that the conclusion of the trial is likely to take
some time. Therefore, he prays for the grant of regular bail to the
applicant.
4. On the other hand, learned State Counsel opposes the bail application of
the present applicant and submits that the charge-sheet has already
been filed before the competent Court.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts and circumstances of the case, the nature and
gravity of the offence, and the fact that the injury sustained by the injured
person has been found to be simple in nature, moreover, the fact that the
applicant has 07 criminal antecedents under the IPC and BNS, out of
which 05 cases have already been disposed of and 02 cases are
pending trial and the charge sheet has already been submitted before the
competent Court in the present case, and that the applicant has been in
jail since 16.12.2025, and the conclusion of the trial is likely to take some
time, I am of the opinion that the applicant is entitled to be released on
bail in this case.
7. Let the applicant - Aman Bhaumik, involved in Crime No. 971/2025,
registered at Police Station Sakri, District Bilaspur (C.G.) for the offence
punishable under Sections 296, 115(2), 351(2), 119(1) and 118(1) of the
Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the 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 him 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
Abhishek
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