ASHISH SINHA vs STATE OF CHHATTISGARH

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CGHC010328802026 2026:CGHC:38370
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8005 of 2026
Ashish Sinha S/o Late Manoj Sinha Aged About 30 Years R/o Village
Mudhipaar, Police Station Gatapaar, Tehsil - Khairagarh, District - Khairagarh-
Chhuikhadan-Gandai Chhattisgarh (Particulars of The Applicant Is Mentioned
Correctly And Details Of Father Is Mentioned Wrongly In Order Impugned)
... Applicant
versus
State of Chhattisgarh Through District Magistrate, District Khairagarh-
Chhuikhadan-Gandai Chhattisgarh
... Non-applicant
For Applicant : Mr. Anmol Sharma, Advocate.
Digitally
signed by
ABHISHEK
SHRIVAS
Date:
2026.09.01
11:12:23
+0530
For Non-applicant/State : Mr. S.S. Baghel, Govt. Advocate.
ABHISHEK
SHRIVAS
For Complainant : Mr. Khilendra Sahu, Advocate.
Hon’ble Shri Ramesh Sinha, Chief Justice
Order on Board
31.08.2026
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. 29/2026 registered
at Police Station : Gatapaar, District – Khairagarh – Chuikhadan –
Gandai (C.G.) for the offence punishable under Sections 296, 115(2),
351(3), 109, 324(5), 3(5), 191(2), 193(3), 190 and 238 of the Bhartiya
Nyaya Sanhita, 2023.

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2. The prosecution story, in brief, is that the complainant, namely Kamlesh
Verma, lodged a report before the police authorities on 23.04.2026 at
about 9:00 P.M., stating that on 22.04.2026, he had come to Village
Mudhipar to attend the wedding of his friend, Devendra Verma. During
the wedding procession, at about 9:00 P.M., when they reached near the
bride’s house, at or near Bazaar Chowk, three persons riding a
motorcycle came near the procession and asked them to make way so
that they could pass their vehicle. They also abused some of the
members of the wedding procession. At that point of time, Kamlesh
Verma, Raja Verma and Mahendra Verma intervened, whereupon the
said persons left the spot. After some time, four persons again came
back to the spot, abused them and further assaulted them. It is alleged
that one of the co-accused persons assaulted the injured victim, Raja
Verma, with a knife, as a result of which he fell down unconscious.
Thereafter, they allegedly committed rioting and damaged the vehicle
before fleeing from the spot. Further, Kamlesh Verma and Indrakumar
also sustained minor injuries. Therefore, on the basis of the said
complaint, the police authorities registered an FIR against the present
applicant and other co-accused persons for the offences punishable
under the aforesaid sections and arrested the present applicant on
24.04.2026, whereafter he was sent to judicial custody.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. He submits that the
present applicant has only one pending case amongst all his previous
criminal records, and the only allegation against the present applicant in
the present case is that of damaging the vehicle. The applicant belongs
to a poor family and is the sole earning member of his family. His father
has passed away, and there is no one else to look after his mother. He

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also submits that there is no direct evidence to establish the involvement
of the present applicant in the alleged offence. Therefore, the aforesaid
offences, as mentioned above, are not made out against the present
applicant. He also submits that the injured victim himself, in his
statement, has stated that Jaggu Nishad was the main assailant who
assaulted Raja Verma in the stomach with a knife. The complainant
himself has not disclosed the ingredients of the offences alleged against
the present applicant. He further submits that the prosecution has failed
to establish any motive or intention on the part of the present applicant to
cause injury to the victim. As per the prosecution story itself, four to five
persons allegedly assaulted the victim, however, the charge-sheet does
not specifically disclose as to who actually assaulted the injured victim.
He also submits that the applicant has been in jail since 24.04.2026,
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
submitted 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, the nature and
gravity of the offence, and further the fact that learned counsel appearing
for the objector has expressed no objection to the applicant being
granted bail, and moreover, the charge-sheet has already been
submitted before the competent Court, the applicant has been in judicial

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custody since 24.04.2026, and as the trial is likely to take some time to
conclude, I am of the opinion that the applicant is entitled to be released
on bail in the present case.
8. Let applicant, Ashish Sinha, involved in Crime No. 29/2026 registered
at Police Station : Gatapaar, District – Khairagarh – Chuikhadan –
Gandai (C.G.) for the offence punishable under Sections 296, 115(2),
351(3), 109, 324(5), 3(5), 191(2), 193(3), 190 and 238 of the Bhartiya
Nyaya Sanhita, 2023, be released on bail on his furnishing a personal
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

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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.
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