1 2025:CGHC:12091 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1993 of 2025 1 - Arvind Upadhyay @ Monu S/o Arun Kumar Upadhyay Aged About 34 Years R/o Bombay Residence, House No. Mig1, Ghasidas Nagar, Police Station Jamul, District Durg, Chhattisgarh. 2 - Pramod Kumar Upadhyay @ Chhotu S/o Arun Kumar Upadhyay, Aged About 33 Years R/o Bombay Residence, House No. Mig1, Ghasidas Nagar, Police Station Jamul, District Durg, Chhattisgarh. 3 - Awadhesh Upadhyay @ Tonu S/o Arun Kumar Upadhyay Aged About 30 Years R/o Bombay Residence, House No. Mig1, Ghasidas Nagar, Police Station Jamul, District Durg, Chhattisgarh. 4 - Kamlesh Upadhyay @ Sonu S/o Arun Kumar Upadhyay Aged About 41 Years R/o Bombay Residence, House No. Mig1, Ghasidas Nagar, Police Station Jamul, District Durg, Chhattisgarh. ... Applicants versus State of Chhattisgarh Through, S.H.O. Jamul, District Durg, (C.G.) ... Non-Applicant For Applicants : Mr. Sudhanshu Kumar Singh, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.03.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Crime No. 571/2024, registered at Police Station : Jamul, District Durg, (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 324, 325 and 3(5) of Bhartiya Nyay Sanhita, 2023 and Sections 4 & 10 of Chhattisgarh Agricultural Cattle Prevention Act, 2004. 2. The case of the prosecution, in brief, is that on 15/12/2024 at 9:00 PM, the complainant, Aman Kumar Dubey, was warming himself near a bonfire outside his house when his father, Lal Bahadur Dubey, called him. On their way back, the applicants, Awadhesh Upadhyay and Kamlesh Upadhyay @ Sonu, who were in a drunken state, confronted them, questioning why Lal Bahadur Dubey was calling the complainant without their permission. This led to a dispute between them. When the complainant, Aman Dubey, intervened and asked them not to argue, the applicants abused and assaulted him with their hands and fists. When his father intervened, he too was abused and assaulted in a similar manner. After the altercation, the complainant and his father returned to their house, but the applicants followed them to their doorstep. At that moment, applicants Arvind Upadhyay @ Monu and Pramod Upadhyay also arrived, and all of them began assaulting the complainant and his father with bricks and stones. As a result, the complainant sustained injuries on his face, neck, and both shoulders, while his father suffered injuries on his left shoulder. The applicants also damaged a cooler and an asbestos sheet. Additionally, due to the incident, a pregnant cow belonging to the complainant sustained injuries, which resulted in the death of the 3 calf, and subsequently, the cow also died. Thus, the said offence has been committed. 3. Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely been implicated in the aforesaid case. He further submits that the complainant party have assaulted the mother of the applicants by using Iron Rod on her head and then applicants have lodged report against complainant Aman Dubey and lal Bahadur at Police Station Jamul at 22:15 pm and the crime No. is 571/2024 and thereafter the complainant party has lodged report on the same day exactly after 10 minutes at the same Police Station at 22:25 pm and there is a counter case lodged against each other. He further submits that the injury sustained to the complainant and his father are simple in nature, the damage which incurred in the house of complainant is of Rs. 1000/-. He further submits that all the section alleged against the applicants are bailable in nature except the offence relating to cruelty to animal Act but that act was unintentional. He further submits that the applicants No. 1 and 2 are in jail since 28.12.2024 and applicants No. 3 and 4 are in jail since 10.01.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants in the present case. 4. On the other hand, the learned State counsel opposed the bail application of the present applicants and submitted that the charge sheet has been submitted before the competent Court. He further submits that the applicants, in an intoxicated state, initiated a dispute, 4 physically assaulted the complainant and his father, and later escalated the attack by hurling bricks and stones at them. The incident resulted in injuries to both the complainant and his father, property damage, and the death of a pregnant cow along with its calf. Therefore, the present applicants are not entitled to be granted regular bail in this case. 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 that though the applicants, in an intoxicated state, initiated a dispute, physically assaulted the complainant and his father, and later escalated the attack by hurling bricks and stones at them, the incident resulted in injuries to both the complainant and his father, property damage, and the death of a pregnant cow along with its calf, but the injuries received by the injured person is found to be simple in nature and there is a counter case lodged against each other and all the section alleged against the applicants are bailable in nature except the offence relating to cruelty to animal Act but that act was unintentional and all the applicants have no any criminal antecedents and applicants No. 1 and 2 are in jail since 28.12.2024 and applicants No. 3 and 4 are in jail since 10.01.2025, the charge- sheet has been submitted before the competent Court, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicants are entitled to be released on regular bail in this case. 5 7. Let the Applicants – Arvind Upadhyay @ Monu, Pramod Kumar Upadhyay @ Chhotu, Awadhesh Upadhyay @ Tonu and Kamlesh Upadhyay @ Sonu involved in Crime No. 571/2024, registered at Police Station : Jamul, District Durg, (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 324, 325 and 3(5) of Bhartiya Nyay Sanhita, 2023 and Sections 4 & 10 of Chhattisgarh Agricultural Cattle Prevention Act, 2004, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial 6 court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. OfÏce 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 Rahul Dewangan