[Cites 0, Cited by 0]
Chattisgarh High Court
Bhavesh Nishad vs State Of Chhattisgarh on 10 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
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. 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
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.
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
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
