[Cites 0, Cited by 0]
Chattisgarh High Court
Mahesh Gendre vs State Of Chhattisgarh on 11 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:11716
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2295 of 2026
Mahesh Gendre S/o Late Amarlal Gendre Aged About 41 Years R/o
Village - Sakri, P.S. - Arang, District - Raipur, Chhattisgarh.
... Applicant
versus
State of Chhattisgarh Through - Station House Officer, Police Station -
Arang, District - Raipur, Chhattisgarh.
... Non-Applicant
For Applicant : Mr. Galib Dwivedi, Advocate
For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
11.03.2026
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. 28/2026 registered at Police Station-
Arang, District - Raipur, (C.G.) for the offence punishable under
Section 326(g) of the Bharatiya Nyaya Sanhita, 2023.
2. The prosecution story, in brief, is that the complainant and the
present applicant are wife and husband and were residing together
in the house of the complainant. It is alleged that when the
RAHUL
DEWANGAN
Digitally
signed by
RAHUL
DEWANGAN
complainant had gone to her sister's house, the present applicant
set fire to a hut situated outside the house which was being used as
a kitchen and also set the motorcycle on fire. When the complainant
returned home on 10.01.2026, she came to know about the said
incident. Thereafter, on the basis of her report, a crime has been
registered at Police Station Arang, District Raipur (C.G.) on
16.02.2026 for the alleged offence punishable under Section 326(g)
of the B.N.S. against the present applicant. Hence, the present bail
application.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case. It is
further submitted that there is no sufficient legal material or cogent
evidence available on record which constitutes the alleged offence
against the present applicant. He further submits that the applicant
has no previous criminal antecedents, the charge-sheet has been
filed, he is in jail since 16.02.2026, 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 before
the competent Court. She further submits that the applicant has
committed a serious offence by intentionally setting fire to the hut
used as a kitchen and also burning the motorcycle belonging to the
complainant. It is further submitted that the complainant and the
applicant are husband and wife and the act of the applicant has
caused significant damage to the property. Considering the nature
and gravity of the allegations and the conduct attributed to the
applicant, the applicant is not entitled to be released on 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
that thought the allegations against the applicant are that the
applicant has committed the alleged offence by intentionally setting
fire to the hut used as a kitchen and also burning the motorcycle
belonging to the complainant, but it is to be noted that the applicant
and the complainant are husband and wife, and that the applicant is
in jail since 16.02.2026, the charge-sheet has already been filed
before the competent Court, he has no previous criminal
antecedents, and the trial is likely to take considerable time for its
conclusion. Therefore, this Court is of the considered view that the
present applicant is entitled to be released on regular bail in this
case.
7. Accordingly, the bail application is allowed. Let the applicant -
Mahesh Gendre, involved in Crime No. 28/2026 registered at
Police Station- Arang, District - Raipur, (C.G.) for the offence
punishable under Section 326(g) of the Bharatiya Nyaya Sanhita,
2023, 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 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
