BAJRANG CHAUHAN vs STATE OF CHHATTISGARH

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CGHC010284042026 2026:CGHC:38672
NAFR
VAIBHAV
SINGH
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally signed by
VAIBHAV SINGH
Date: 2026.09.01
16:07:03 +0530
MCRC No. 6832 of 2026
Bajrang Chauhan S/o Late Shri Vimal Chauhan Aged About 36 Years R/o
Phool Chowk, Jorapara, Near Kali Mandir, Raipur, Tahsil And District Raipur,
Chhattisgarh. ... Applicant

versus
State Of Chhattisgarh Through Police Station - Gol Bazar, District- Raipur,
C.G. ...Non-applicant
For Applicant : Mr. Mayank Kumar, Advocate.
For Non-applicant/State : Ms. Anusha Naik, Dy, G.A.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
01.09.2026
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.
81/2026 registered at Police Station – Gol Bazar, District - Raipur
(C.G.), for the offences punishable under Sections 296, 351(2), 119(2)
& 3(5) of the BNS.

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2. The prosecution case, in brief, is that on the basis of a written
complaint lodged by the brother of the injured, Police Station Gol
Bazar, District Raipur, registered FIR bearing Crime No. 81/2026
against the applicant for the offences punishable under Sections 296,
351(2), 119(2) read with Section 3(5) of the BNS, 2023. As per the
prosecution, on 02.05.2026 at about 4:00 to 4:30 a.m., the injured,
namely Shantanu Rai, while returning to his home on his motorcycle
after completing his work, allegedly met with a minor accident
involving a cycle-rickshaw near Kusumtai Dabke School, G.E. Road,
Raipur. It is alleged that after the rickshaw driver and passengers left
the spot, the applicant demanded a sum of 10,000/- from the injured ₹
for settlement of the matter, abused him in filthy language and
threatened to kill him if he failed to pay the said amount. It is further
alleged that the applicant assaulted the injured with a helmet on his
face, as a result of which he sustained injuries and was subsequently
found to have suffered a fracture of his jaw. During investigation, the
applicant was arrested on 03.05.2026 and has remained in judicial
custody thereafter. Upon completion of investigation, the police filed
the charge-sheet bearing Challan No. 90/2026 before the learned Trial
Court, Raipur. Thus, the investigation has been completed and the
charge-sheet has already been filed before the competent Court.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case on
account of suspicion and mistaken identity, and that he has not
committed any offence as alleged in the FIR. It is submitted that, as
per the prosecution case itself, the incident occurred at a public place
after the injured had met with a minor accident with a cycle-rickshaw

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and a crowd had gathered at the spot, and the applicant's specific
case is that another person, namely Shobhit @ Janu, was involved in
the alleged assault, whereas the applicant was merely present
amongst the persons gathered there and was mistakenly identified as
the assailant. Learned counsel further submits that the allegations
regarding demand of money, assault with a helmet and criminal
intimidation are not supported by any reliable or independent material
collected during investigation and there is no eye-witness in the
charge-sheet who has specifically attributed the alleged assault or any
overt act to the applicant. It is also submitted that CCTV cameras
were installed at the place of occurrence, but the Investigating Officer
has not properly collected or relied upon the CCTV footage, which
could have demonstrated the applicant's non-involvement in the
incident. Learned counsel further submits that the applicant was
arrested on 03.05.2026 and has remained in judicial custody since
then, the investigation is complete and the charge-sheet has already
been filed, and therefore, his further custodial detention is not
required. It is further submitted that the alleged offences are triable by
the learned Magistrate and the trial is likely to take considerable time,
and continued incarceration would amount to pre-trial punishment.
The applicant is a permanent resident of the address mentioned in the
cause title, has deep roots in society, is engaged in private work and
is the sole earning member of his family, and his aged parents, wife
and minor children are dependent upon him; hence, there is no
likelihood of his absconding or tampering with the prosecution
evidence or influencing the witnesses. The applicant undertakes to
appear before the learned Trial Court on each and every date fixed,

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shall not misuse the liberty of bail, and shall abide by all the terms and
conditions imposed by this Hon'ble Court. In view of the aforesaid
circumstances, particularly the doubtful identification, absence of
reliable independent evidence, completion of investigation, filing of the
charge-sheet and the period of custody already undergone, learned
counsel prays that the applicant may kindly be enlarged on bail.
4. On the other hand, learned State Counsel opposes the bail application
of the present applicant and submits that the applicant has three
previous criminal antecedent, therefore, he is not entitled to the grant
of regular bail.
5. I have heard learned counsel for the parties and perused the case
diary.
6. Taking into consideration the facts and circumstances of the case, the
nature and gravity of the allegations levelled against the present
applicant, the fact that the similarly situated co-accused, namely
Shobhit Brahmankar, has already been granted bail vide order dated
23.07.2026 passed in MCRC No. 6602 of 2026, and further
considering that the charge-sheet has already been filed before the
competent Court, that the applicant has been in judicial custody since
03.05.2026, and that the conclusion of the trial is likely to take
considerable time, this Court is of the view that the applicant is entitled
to be released on bail in the present case.
7. Let the Applicant – Bajrang Chauhan, involved in Crime No. 81/2026
registered at Police Station – Gol Bazar, District - Raipur (C.G.), for
the offences punishable under Sections 296, 351(2), 119(2) & 3(5) of
the BNS, be released on bail on his furnishing personal bond with

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two local 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 she 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 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 her 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
Vaibhav