AYush Gupta vs STATE OF CHHATTISGARH

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CGHC010293362026 2026:CGHC:38910
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7006 of 2026
Ayush Gupta S/o Late Rajesh Gupta Aged About 21 Years R/o
Ramnagar Sheetlapra Lane No. 18, P.S. Gudhiyari District Raipur C.G.
... Applicant
versus
State Of Chhattisgarh Through Police Station Ganj, District Raipur C.G.
... Non-Applicant
For Applicant : Shri Leekesh Kumar, Advocate.
For Non-Applicant : Shri Sourabh Sahu, PL.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
02/09/2026
1. This is the first bail application filed under Section 483 of the
Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail
to the applicant who has been arrested in connection with Crime
No.93/2026 registered at Police Station Ganj, District Raipur
(C.G.) for the offence under Sections 296, 351 (2), 115 (2), 109 &
3 (5) of the BNS.
2. The prosecution case, in brief, is that on 04.04.2026 at about
Digitally
signed by
KRISHNA
KUMAR
BARVE
Date:
2026.09.03
10:49:10
+0530
KRISHNA
KUMAR
BARVE

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03:00 PM, the complainant Smt. Sumitra Deep lodged a report
alleging that her husband Ravi Deep, while standing in front of the
Ganjpara country liquor shop along with his cousin Gaurav Sona,
was confronted by Shiva @ Babu Marathi, who questioned him as
to why he had allegedly assaulted his mother while she was
fetching water near their house. It is further alleged that Shiva @
Babu Marathi and co- accused Ayush Gupta, in furtherance of
their common intention, abused and threatened Ravi Deep with
dire consequences, whereafter Shiva @ Babu Marathi assaulted
him with a sharp-edged scissors, causing injuries on his right leg
and the right side of his chest. On the basis of the said report,
Crime No. 93/2026 was registered for the offences punishable
under Sections 296, 115(2), 351(2), 109 and 3(5) of the Bharatiya
Nyaya Sanhita, 2023. After completion of the investigation, the
police filed the charge-sheet before the trial Court. Hence the bail
application.
3. It has been argued by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in the crime.
The alleged seizure has been made by the police and there is no
reliable independent witness to support the prosecution case. The
alleged recovery is doubtful and is a matter of trial. No recovery
whatsoever has been made from the present applicant Thus,
there is no physical or material evidence connecting the applicant
with the alleged offence. The present applicant has been falsely
implicated on account of previous enmity between the parties. The

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prosecution case itself reveals that the alleged incident arose out
of an earlier dispute concerning the mother of co-accused Shiva
@ Babu Marathi, and the present applicant had no personal
motive or independent role in the said dispute. Even according to
the prosecution, specific allegation of causing injuries with the
scissors is attributed exclusively to co-accused Shiva @ Babu
Marathi. No allegation of causing any injury with the alleged
weapon has been made against the present applicant. The role
attributed to the present applicant is distinct and substantially
different from that of the principal assailant. The applicant is in jail
since 5.4.2026. Therefore, the applicant may be released on bail.
4. On the other hand, learned counsel appearing for the State/non-
applicant would oppose the bail application and submit that the
applicant has 4 criminal antecedents registered against him, out of
which 3 cases have already been disposed of and one case is
pending, and the charge sheet has been submitted against the
applicant. Therefore, the bail application may be rejected.
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,
and the fact that the charge sheet has already been submitted
against the applicant, further considering the fact that the
applicant has not caused any injury to the injured and the
allegation of assault is directed against co-accused Shiva @ Babu

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Marathi, the applicant is in jail since 5.4.2026 and conclusion of
trial is likely to take some time, this Court is of the view that the
applicant is entitled to be released on bail in the present case.
Accordingly, the Application is allowed .
7.
Let the Applicant – Ayush Gupta, involved in Crime No.93/2026
registered at Police Station Ganj, District Raipur (C.G.) for the
offence under Sections 296, 351 (2), 115 (2), 109 & 3 (5) of the
BNS, be released on bail on furnishing 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 their counsel. In case of his absence,
without sufficient cause, the trial court may proceed
against them 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
applicants are 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

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against them 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.
-

Sd/-
(Ramesh Sinha)
Chief Justice
Barve