[Cites 3, Cited by 0]
Chattisgarh High Court
Rahul Singh @ Khunti vs State Of Chhattisgarh on 12 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:11962
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2332 of 2026
Rahul Singh @ Khunti S/o Late Shri Arvind Singh Aged About 27 Years
R/o House No. 456/6, Street No. 26/c, Ashish Nagar, West Risali, Police
Digitally
Station- Newai, Tehsil And District- Durg, Chhattisgarh (Particulars Of
AKHILESH signed by
KUMAR AKHILESH
The Applicant Is Mentioned Correctly)
DEWANGAN KUMAR
DEWANGAN
... Applicant(s)
versus
State Of Chhattisgarh Through- Station Incharge, Police Station- Newai,
District- Durg (C.G.)
... Respondent(s)
For Applicant(s) : Mr. Chandresh Shrivastava, Advocate.
For Respondent(s) : Mr. Saumya Rai, Dy. G.A.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
12/03/2026
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. 24/2026 registered at Police Station
Newai, District- Durg (C.G.) for the offence punishable under
Sections 109, 3(5) of BNS and Sections 25 and 27 of Arms Act.
2. Case of the prosecution, in brief, is that on 15.01.2026 at about
9:30 PM, the complainant Suraj Tripathi along with his friends
Amandeep and Aman Jain had gone to Rishali Bada Ravan
Maidan. It is alleged that the accused Rahul Singh and Ansh
Singh came there and, after a dispute, Ansh Singh attempted to
stab Aman Jain with a knife with the intention to kill him. During
the incident, the knife struck Aman Jain on his back causing
injuries. On the basis of the report lodged by the complainant,
Crime No. 24/2026 was registered at Police Station Nevai for the
offences under Sections 109, 3(5) of the Bharatiya Nyaya Sanhita
and Sections 25 and 27 of the Arms Act, and after investigation
the charge-sheet has been filed against the accused persons.
Hence, the bail application.
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 the injuries sustained
by the injured on his chest and back were caused by co-accused,
Ansh, whereas the present applicant was merely present at the
spot and was allegedly holding a knife from a distance, without
causing any injury to the injured. The applicant is in jail since
17.01.2026, the applicant has no criminal antecedent, 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 in
collusion with other co-accused attacked the injured, Aman Jain
with a knife with the intention to kill him, resulting in injuries to the
injured, 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 17.01.2026, the fact that though the applicant allegedly in
collusion with other co-accused attacked the injured, Aman Jain
with a knife with the intention to kill him, resulting in injuries to the
injured, but considering the fact that the said injuries were caused
to the injured by co-accused, Ansh, so far as present applicant is
concerned, he was merely present at the spot and was allegedly
holding a knife from a distance, without causing any injury to the
injured, hence, the case of present applicant is distinguishable
from that of the said co-accused, further the applicant has no
criminal antecedents and the charge-sheet has been filed, 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-Rahul Singh @ Khunti, involved in Crime No.
24/2026 registered at Police Station Newai, District- Durg (C.G.)
for the offence punishable under Sections 109, 3(5) of BNS and
Sections 25 and 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.
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
