JAVED KHAN vs STATE OF CHHATTISGARH

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CGHC010338492026 2026:CGHC:38826
NAFR
KUNAL
DEWANGAN
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
signed by
KUNAL
DEWANGAN
MCRC No. 8119 of 2026
Javed Khan S/o Jakir Khan Aged About 31 Years R/o Dhobi Talab Ke
Pass, Samta Colony, Thana Azad Chowk, District Raipur (C.G.)
... Applicant(s)
versus
State Of Chhattisgarh Through - P.S. Tikrapara, District Raipur (C.G.)
... Non-Applicant(s)
For Applicant : Mr. Aniket Pandey, Advocate.
For Non-Applicant/State : Mr. S.S. Baghel, Govt. Advocate.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
02.09.2026
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.
592/2026, registered at Police Station Tikrapara, District Raipur
(C.G.) for the offence punishable under Section 299 of the Bhartiya
Nyaya Sanhita, 2023.
2. The prosecution story, in brief, is that the complainant, namely
Kanhaiyya Yadav, lodged a report against the applicant alleging
that the applicant publicly abused him and his family and also made

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objectionable remarks against his deity, Lord Krishna, Mother Cow
and the organization, thereby allegedly hurting his religious
sentiments as well as the sentiments of the Hindu community. On
the basis of the said report, Crime No. 592/2026 was registered at
Police Station Tikrapara, District Raipur, for the offence punishable
under Section 299 of the BNS. After completion of investigation,
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 the present case. He
further submits that the applicant has been in custody since
04.07.2026 and the investigation has already been completed and
charge-sheet has been filed before the competent Court. He
submits that the applicant has neither sent any objectionable
religious material or photographs nor used any objectionable words
against any religion through Instagram. He further submits that the
applicant has two criminal antecedents, out of which one case has
already been disposed of and one case is pending, as the same
have been explained in the bail application in Part-D relating to
criminal antecedents. It is further submitted that the trial is likely to
take some time for its conclusion and therefore, the applicant may
be enlarged on bail.
4. On the other hand, learned State Counsel, appearing for the
State/non-applicant, opposes the prayer for grant of bail and
submits that charge-sheet has already been filed before the
competent Court. He further submits that the applicant has two

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criminal antecedents, which have already been explained in the bail
application in Part-D relating to criminal antecedents. However,
considering the nature and gravity of the allegations levelled against
the applicant, he submits that the applicant is not entitled to be
released on bail.
5. I have heard learned counsel for the parties and perused the case
diary as well as the material available on record.
6. Taking into consideration the facts and circumstances of the case,
nature and gravity of the offence levelled against the applicant, the
period of detention of the applicant since 04.07.2026 and the fact
that, in the present case, charge-sheet has been filed before the
competent Court and further considering the criminal antecedents
of the applicant as explained in the bail application and also
considering that the trial is likely to take some time for its
conclusion, thus without further commenting anything on the merits
of the case, I am inclined to grant regular bail to the present
applicant.
7. Accordingly, the bail application of the applicant is allowed .
8. Let applicant, Javed Khan , involved in Crime No. 592/2026,
registered at Police Station Tikrapara, District Raipur (C.G.) for the
offence punishable under Section 299 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:-

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(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,

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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.
9. However, this Court hopes and trust that the trial Court shall make
an earnest endeavour to conclude the trial in accordance with law
as expeditiously as possible, within a period of six months from the
receipt of a certified copy of this order, if there is no legal
impediment.
10. 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
Kunal