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Chattisgarh High Court
Shri Ajmat Khan vs State Of Chhattisgarh on 17 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12765
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1490 of 2026
Shri Ajmat Khan S/o Shri Latif Khan, Aged About 20 Years R/o
Parradand, P.S. And Tahsil Ambikapur, District Surguja (C.G.)
Permanent Address Manoharpara, P.S. Shankargarh, District Balrampur
Ramanujganj (C.G.)
... Applicant
versus
State of Chhattisgarh Through Station House Officer, Ambikapur, District
Surguja C.G.
... Non-Applicant
For Applicant : Mr. Parth Kumar Jha, Advocate
For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
17.03.2026
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. 892/2025 registered at Police Station-
Ambikapur, District Surguja, (C.G.) for the offence punishable under
Sections 109, 115(2), 191(2), 191(3) 296, and 351(3) and of the
RAHUL
DEWANGAN Bharatiya Nyaya Sanhita, 2023.
Digitally
signed by
RAHUL
DEWANGAN
2. The prosecution story, in brief, is that the complainant, Avinash Rai,
lodged a report stating that on 24.11.2025 at about 9:50 PM, while
he was present along with his friends Sahil Sahu and Adarsh Sahu,
the present applicant along with other co-accused persons arrived
at the spot, abused them, and assaulted them with hands, feet and
a key, and one of the co-accused, namely Golu Pathan, allegedly
attacked Adarsh Sahu with a knife. It is further stated that the
injured Adarsh was taken to the hospital by the complainant and
Sahil Sahu for treatment. On the basis of the said complaint, the
present applicant was implicated and subsequently arrested on
15.01.2026. Hence, this 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
submitted that the applicant is a student of M.Sc. (Botany) first
semester and his examinations are currently ongoing, and his
continued detention would seriously affect his academic career, a
copy of the admit card has been filed as Annexure A/3. It is further
submitted that the injured, Adarsh Sahu, has filed an affidavit on
oath stating that the present applicant was not present at the place
of occurrence and has also moved a no objection application for
grant of bail before the learned trial Court, copies of which are filed
as Annexure A/4 (Colly). He further submits that the present
applicant has no criminal antecedents, he is in jail since
15.01.2026, 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 not been
submitted before the competent Court. She further submits that the
applicant, along with other co-accused persons, was actively
involved in the incident and had assaulted the complainant and his
companions, and one of the co-accused inflicted a knife injury on
the victim, which clearly reflects the violent nature of the offence. It
is further submitted that the allegations are serious in nature and
are supported by the statements of the complainant and witnesses,
and considering the gravity of the offence and the role attributed to
the applicant, 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. Considering the facts and circumstances of the case, the nature of
allegations, and the material available on record, this Court
observes that though the charge-sheet has not yet been submitted,
but the injured himself has filed an affidavit stating that the present
applicant was not present at the place of occurrence and has also
raised no objection to the grant of bail. Further, the applicant is a
student of M.Sc. (Botany) and his examinations are ongoing, and
the applicant has no criminal antecedents and he is languishing in
jail since 15.01.2026, and the conclusion of the trial may take some
more time, 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 of the applicant is allowed. Let the
applicant - Shri Ajmat Khan, involved in Crime No. 892/2025
registered at Police Station- Ambikapur, District Surguja, (C.G.) for
the offence punishable under Sections 109, 115(2), 191(2), 191(3)
296, and 351(3) and 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
