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Chattisgarh High Court
Deepak Chauhan vs State Of Chhattisgarh on 19 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:13172
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2607 of 2026
Deepak Chauhan Son of Pitamber Chauhan Aged About 21 Years Resident of
Dhimrapur Chowk, Deendayal Colony, Raigarh, P.S. - City Kotwali, Raigarh,
District - Raigarh, Chhattisgarh.
... Applicant
versus
State of Chhattisgarh Through Station House Officer, Police Station - City
Kotwali, Raigarh, District - Raigarh, Chhattisgarh.
... Non-applicant
For Applicant : Mr. Ashish Gupta, Advocate.
For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
Digitally signed
by ABHISHEK
ABHISHEK SHRIVAS
SHRIVAS Date:
2026.03.19
18:20:43 +053019.03.2026
1.
The applicant has preferred this First Bail Application under Section 483
of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail,
as he has been arrested in connection with Crime No. 667/2025,
registered at Police Station City Kotwali, District Raigarh (C.G.) for the
offence punishable under Sections 119(1), 296, 351(2), 115(2), 118(1)
and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
2. As per the prosecution story, in brief, is that on 22.12.2025, the
complainant, namely Niraj Minj, gave oral information to the police of
Police Station Kotwali, Raigarh, to the effect that on 21.12.2025 at
around 09:00 PM, Deepak Chauhan (the applicant), Aashik Uraon, and
Rakesh, armed with a tangi (adze) and a farsa (axe), reached him on a
scooter and started demanding money for food and drink. Upon his
refusal, they, while uttering abusive words, caught hold of him, and
Deepak Chauhan struck him with an axe on his right arm, causing it to
bleed. When his neighbour, Shivraj Minj, who was present there,
intervened and tried to stop them, they also abused and threatened to kill
him. Thereafter, Deepak Chauhan struck Shivraj Minj on his right arm
with the axe, causing bleeding injuries. On the basis of the information
given by the complainant, the police of Police Station Kotwali, Raigarh
registered a First Information Report under Crime No. 667/2025 for the
offences punishable under Sections 119(1), 296, 351(2), 115(2), 118(1),
and 3(5) of the BNS against the applicant and two other co-accused
persons.
3. Learned counsel for the applicant submits that the present applicant is an
innocent person who has been falsely implicated in the present case. He
further submits the allegations do not make out any offence against the
applicant. Upon medical examination of the complainant and Shiv Raj
Minj, the doctor found that the injuries sustained by them are simple in
nature. He submits that the charge-sheet has already been presented
before the competent Court having jurisdiction to try the case, therefore,
further custody of the applicant is not necessary for the purpose of
investigation. He also submits that on similar allegations, this Court has
granted bail to the co-accused, Aanshik Kujur, in M.Cr.C. No. 1759/2026
by order dated 19.02.2026, therefore, the applicant is seeking grant of
bail on the ground of parity.
4. On the other hand learned State counsel opposes the bail application of
the present applicant and submits that the charge-sheet has been
submitted before the competent Court in the present case. He submits
that the present applicant, along with other co-accused, assaulted the
complainant and another person with deadly weapons such as an axe
and tangi, causing bleeding injuries. He further submits that the applicant
not only inflicted injuries but also abused and threatened the victims with
dire consequences. Considering the gravity of the offence and the
manner in which it was committed, he prays for rejection of the bail
application.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the case's facts and circumstances, the nature and gravity of
the offense, and further the fact that injury received by the injured person
found to be simple in nature and further, the charge-sheet has already
been submitted before the competent Court in the present case and the
applicant is in jail since 21.12.2025, conclusion of the trial is likely to take
sometime, therefore, I am of the opinion that the applicant is entitled to be
released on bail in this case.
7. Let the applicant - Deepak Chauhan, involved in Crime No. 667/2025,
registered at Police Station City Kotwali, District Raigarh (C.G.) for the
offence punishable under Sections 119(1), 296, 351(2), 115(2), 118(1)
and 3(5) of the Bhartiya 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 his 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 his, 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
Abhishek
