[Cites 0, Cited by 0]
Chattisgarh High Court
Gopal vs State Of Chhattisgarh on 18 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:13030
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
GOURI MCRC No. 449 of 2026
MUDALIAR
Gopal Aged About 24 Years S/o Ranjeet Uikey, R/o Nilja Derapara, P.S.
Digitally signed by
GOURI MUDALIAR Kharora , District- Raipur Chhattisgarh
Date: 2026.03.19
10:58:09 +0530
... Applicant
versus
State Of Chhattisgarh Through Station House Officer, Police Station Kharora
Raipur , District- Raipur Chhattisgarh
... Respondent
For Applicant : Shri B.L. Sahu, Advocate.
For : Ms. Sameeksha Gupta, PL.
Respondent/State
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
18/03/2026
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.727/2025 registered at Police Station Kharora, Raipur, District-
Raipur (C.G.) for the offence punishable under Sections 296, 115(2),
119(2), 351(2), 3(5) of B.N.S.
2. Case of the prosecution, in brief, is that the complainant has made
written complaint before the concerned police station that on date of
incident there was dispute in between parties regarding demanding
money for consuming liquor and thereafter, the accused persons have
assaulted upon the injured person by hand, fist and belt as resultant
the injured person received simple injuries. Based upon such complaint
of the complainant, the police has registered the offence punishable
under section 296, 115(2), 119(2), 351(2), 3(5) of B.N.S. at crime no.
727/2025 against the present applicant and others accused person.
3. Learned counsel for the applicant submitted that identically situated co-
accused namely Hitesh Yadav has been allowed bail by this Court in
MCRC No.9316/2025 on 02/01/2026. It is stated that so far as the
criminal antecedents of the applicant is concerned, there are six cases
which are pending which has been explained by filing covering memo.
He would submit that the applicant is in jail since 22/10/2025 and
conclusion of trial will take some time, therefore, he prays for grant of
bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail application
and would submit that charge sheet has been filed in this case. She
would further submit that the applicant has six criminal antecedents,
out of which, one case is of the year 2021, one case is the year 2022,
three cases are of the year 2024 & one case is of the year 2025 which
are pending, as such he is an habitual offender and 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,
nature of allegation levelled against the applicant, further the fact that
co-accused namely Hitesh Yadav has been allowed bail by this Court
in MCRC No.9316/2025 on 02/01/2026, charge sheet has been filed,
applicant is in jail since 22/10/2025 and also considering the fact that
trial is likely to take some time for its conclusion, therefore this Court is
of the view that the applicant is entitled to be released on bail in this
case.
7. Accordingly, the bail application is allowed and it is directed that the
Applicant- Gopal, involved in Crime No.727/2025 registered at Police
Station Kharora, Raipur, District- Raipur (C.G.) for the offence
punishable under Sections 296, 115(2), 119(2), 351(2), 3(5) of B.N.S.,
be released on bail on his furnishing a personal bond with two heavy
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
for necessary information and compliance.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
gouri
