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Chattisgarh High Court
Krishna Gaikwad vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12137
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 735 of 2026
Krishna Gaikwad S/o- Harish Chandra Gaikwad Aged About 24 Years R/o -
New Krishna Nagar Behind Raju Grocery Store Supela Bhilai, District- Durg,
C.G.
... Applicant
versus
State Of Chhattisgarh Through SHO Police Station Supela, District - Durg,
C.G.
---- Non-applicant
For Applicant : Mr. Aman Tamrakar, Advocate.
For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
13.03.2026
RAJSHEKHAR
1.
The applicant has preferred this First Bail Application under Section
SONI
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of
Digitally
signed by
RAJSHEKHAR
SONI regular bail, as he has been arrested in connection with Crime No.
462/2025, registered at Police Station - Supela, District - Durg (C.G.)
for the offence punishable under Sections 109(1) of the BNS.
2. The case of the prosecution, is that on 25.04.2025, at about 7.00 pm,
complainant Dillip Jadhav was near his home street he meet with
applicant and asked him when will you return money you borrowed
from complainant and the present applicant said that he would not
return the money and began abusing him he took out a thermocol
cutter from his shirt pocket and stabbed complainant in his neck and
when complainant tried to stop it with his hand then he sustained
injuries to his left shoulder left arm left side of the head and below the
knee based on the report of the Complainant on 26.04.2025, crime was
registered. Hence, this application.
3. It is argued by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in this case and the charge-
sheet has been filed in this case. It is submitted that though the
applicant is said to have assaulted the injured with thermacol cutter,
but so far as the status of trial is concerned, out of 16 prosecution
witnesses 9 have been examined and their statements have been
recorded, and the injured has also not disclosed the involvement of the
applicant in the crime in question. The applicant is in jail since
26.04.2025 and trial is likely to take quite long time for its conclusion,
therefore, he prays for grant of bail.
4. On the other hand, the learned State counsel opposes the bail
application and submits that the charge-sheet has been filed in this
case. It is further submitted that the applicant is said to have assaulted
the injured with a thermacol cutter on his neck, due to which the injured
has sustained injuries, therefore, he is not entitled for grant of bail.
5. I have heard learned counsel for the parties and perused all of the
documents available on record.
6. Taking into consideration the facts and circumstances of the case,
nature and gravity of allegation levelled against the applicant and the
fact that though the applicant is said to have assaulted the injured with
thermacol cutter, but so far as the status of trial is concerned, out of 16
prosecution witnesses 9 have been examined and their statements
have been recorded, and the injured has also not disclosed the
involvement of the applicant in the crime in question, charge-sheet has
been filed against the applicant, the applicant is in jail since 26.04.2025
and conclusion of the trial is likely to take some time, I am inclined to
allow this application.
7. Let applicant, Krishna Gaikwad, involved in Crime No. 462/2025,
registered at Police Station - Supela, District - Durg (C.G.) for the
offence punishable under Sections 109(1) of the 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.
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
Rajshekhar
