SHASHI RANJAN DWIVEDI vs STATE OF CHHATTISGARH

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CGHC010335652026 2026:CGHC:38597
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8033 of 2026
Shashi Ranjan Dwivedi S/o. Akhilesh Prasad Dwivedi, Aged About 31 Years
R/o Kotra Road, Raigarh, Tahsil And District - Raigarh, (C.G.)
... Applicant
versus
State of Chhattisgarh Through Police Station - Kotra Road, District - Raigarh
(C.G.)
... Non-applicant
For Applicant : Mr. Kamlesh Patel, Advocate.
For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer.
For Complainant : Mr. Sajal Kumar Gupta, Advocate.
Digitally
signed by
ABHISHEK
SHRIVAS
Date:
2026.09.01
16:09:56
+0530
ABHISHEK
SHRIVAS
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. 135/2026 registered
at Police Station : Kotra Road, District – Raigarh (C.G.) for the offence
punishable under Sections 76, 331(5), 115(2) of the Bhartiya Nyaya
Sanhita, 2023.
2. The case of the prosecution, in brief, is that the complainant, a resident of
Village Kalmi Deepapara, P.S. Kotra Road, District Raigarh (C.G.),
lodged a written report on 04.05.2026, alleging that on 30.04.2026, at

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about 2:00 P.M., while she was alone at her house, the applicant, who is
stated to be a friend of her son and used to frequently visit their house,
entered the house with an alleged wrongful intention and caught hold of
her hand/arm. It is further alleged that, when she resisted, the applicant
attempted to remove her upper garment (kurti). Upon her raising an
alarm, the applicant allegedly threatened to forcibly take her to
Jharkhand and assaulted her with fists, thereby allegedly causing injuries
to her left eye, right wrist, waist, and lips. Thereafter, she went to her
mother’s house and subsequently informed her husband. After
consultation with her family members, she lodged the report at P.S. Kotra
Road on 04.05.2026, i.e., about four days after the date of the alleged
occurrence. On the basis of the said report, Crime No. 135/2026 was
registered against the applicant under Sections 76, 331(5), and 115(2) of
the Bharatiya Nyaya Sanhita, 2023, and the applicant was arrested on
04.05.2026.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. The allegations
levelled against him are general and uncorroborated and are not
supported by any independent or direct evidence connecting him with the
alleged offence. He submits that there is a delay of about four days in
lodging the FIR from the date of the alleged occurrence, i.e., from
30.04.2026 to 04.05.2026. The said delay, coupled with the fact that the
alleged occurrence is stated to have taken place inside the house and
there is no independent eyewitness to the alleged incident, is a
circumstance which goes to the root of the prosecution case and can only
be properly appreciated during the course of trial. He further submits that
the investigation in the matter has been completed and the charge-sheet
has already been filed before the learned Trial Court. Therefore, no

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further custodial interrogation of the applicant is required, and his
continued incarceration serves no further purpose from the point of view
of investigation. It is most pertinent to mention that out of the total eight
witnesses cited by the prosecution in the charge-sheet, not a single
witness has been examined by the learned Trial Court till date. Thus, the
trial has not even commenced in substance and is likely to take
considerable time for its conclusion. He also submits that the present
applicant has no criminal antecedents and he is in jail since 04.05.2026,
conclusion of the trial may take some time, therefore, he prays for grant
of regular bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail application of
the present applicant and submits that the charge-sheet has been filed
before the competent Court in the present case.
5. Learned counsel for the complainant submits that the victim has no
objection if the bail application of the present applicant is allowed.
6. I have heard learned counsel for the parties and perused the case diary.
7. Considering the facts and circumstances of the case and the fact that
learned counsel for the complainant has stated that the victim has no
objection to the grant of bail, the fact that the applicant has no criminal
antecedents and has been in custody since 04.05.2026, and that the
conclusion of the trial is likely to take some time, this Court is of the
considered view that the applicant is entitled to be released on bail.
8. Let applicant, Shashi Ranjan Dwivedi, involved in Crime No. 135/2026
registered at Police Station : Kotra Road, District – Raigarh (C.G.) for the
offence punishable under Sections 76, 331(5), 115(2) of the Bhartiya
Nyaya Sanhita, 2023, be released on bail on his furnishing a personal

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bond with two sureties in the like amount 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.

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9. 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