ARVIND GUPTA vs STATE OF CHHATTISGARH

1

CGHC010343162026 2026:CGHC:39402
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8260 of 2026
Arvind Gupta S/o - Santosh Gupta Aged About 30 Years R/o - Village -
GOURI
MUDALIAR
Jamira Path, P.S. - Samripath, District - Balrampur - Ramanujganj,
Digitally signed
by GOURI
MUDALIAR
Date: 2026.09.09
18:44:24 +0530
(C.G.)
... Applicant
versus
State Of Chhattisgarh Through - S.H.O. P.S. - Kusmi, District -
Balrampur - Ramanujganj, C.G.
... Respondent
For applicant : Shri Jai Prakash Shukla, Advocate.
For
: Ms. Avelin Juneja Gambhir, PL.
Respondent/State

SB: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board
08/09/2026
1. This is the first bail application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail
to the applicant who has been arrested in connection with Crime
No. 23/2026 registered at Police Station Kusmi, District -

2
Balrampur - Ramanujganj, (C.G.) for the offence punishable under
Sections 296, 115 (2), 351(2), 118 (1), 109 (1), 3(5) of B.N.S,
2. Case of the prosecution, in brief, is that the complainant lodged a
written report alleging that on 06.03.2026, at about 03:15 p.m., an
altercation took place between the complainant and the accused
persons over the parking of a vehicle. It is alleged that the
accused persons attempted to assault the complainant with a
knife. Thereafter, the complainant sat in his vehicle; however, the
accused persons allegedly pulled him out of the vehicle and
assaulted him with fists and hands. On the basis of the said
report, an FIR was registered against the applicant/accused
persons for the offences punishable under Sections 296, 115(2),
351(2), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023
(B.N.S.). Subsequently, Section 109(1) of the B.N.S. was also
added, and after completion of the investigation, the charge-sheet
has been filed before the competent Court.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in this case. He would
submit that co-accused persons namely Mahesh Gupta and
Budhdev Gupta have been enlarged on bail by the co-ordinate
bench of this Court in MCRC No.6516/2026 on 18/08/2026. He
would submit that the applicant is in jail since 22/06/2026 and
conclusion of trial may take some time, hence he be enlarged on
bail.

3
4. On the other hand, learned State counsel would oppose the bail
application, however do not dispute the fact that co-accused
persons have been enlarged on bail.
5. I have heard learned counsel for the parties and perused the
materials available on record.
6. Taking into consideration the facts and circumstances of the case,
submission of learned counsel for the parties, materials available
on record, nature of allegation, considering the fact that co-
accused persons namely Mahesh Gupta and Budhdev Gupta
have been enlarged on bail vide MCRC No.6516/2026 on
18/08/2026, applicant is in jail since 22/06/2026 and also
considering the fact that trial is likely to take some time for its
conclusion, without commenting anything on the merits of the
case, I am inclined to allow this bail application.
7. Accordingly, the bail application is allowed. It is directed that the
applicant shall be released on regular bail, upon furnishing a bail
bond in the sum of Rs.25,000/- with one surety in the like sum to
the satisfaction of the Court on the conditions that-
(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.

4
(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 concerned for necessary information and compliance.
Sd/-
(Parth Prateem Sahu)
Judge
gouri