1 2025:CGHC:12088 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2003 of 2025 Dinesh Kumar Patel S/o Yamuna Lal Patel Aged About 18 Years R/o Village Amapali, P.S. Baradwar, District Sakti Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through District Magistrate, District Sakti Chhattisgarh. ... Non-Applicant For Applicant : Mr. Ankur Diwan, Advocate (through V.C.) For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/03/2025 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. 302/2024 registered at Police Station- Baradwar, District- Sakti (C.G.), for the offence punishable under Sections 115(2), 118(1), 296, (3)(5), 351(3) and 109 of BNS. 2. Case of the prosecution, in brief, is that on 13.11.2024, due to some land related dispute between the father of the complainant & the accused, who are relatives of each other, the accused person along KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 with other accused namely Sagar Patel, Rahul Patel & Dhanaram Patel, started abusing & beating the father & uncle of the complainant Rajaram Patel & Purshottam Patel respectively, due to which they suffered injuries. Thus, the applicant has been arrested by the Police of P.S. Baradwar, District Sakti on 16.11.2024 in Crime No. 302/2024 for an alleged offence under Section(s) 115(2), 118(1), 296,(3)(5), 351(3), 109 BNS. 3. Learned counsel for the applicant submits that the applicant, along with co-accused persons, were involved in the present case and two co-accused persons namely Dhanaram Patel and Sagar Patel have already been granted bail, one of whom, Dhanaram Patel, was granted bail on the ground of his age i.e. 75 years. Furthermore, cross-reports have been filed in the present case and an FIR was also lodged by the applicant’s side for a similar offence, except the offence under Section 109 of the BNS. He further submits that the applicant's grandfather, who is also a co-accused in the present case, who has granted bail, sustained injuries, however injuries were found to be simple in nature and the applicant is in jail since 16.11.2024 and the conclusion of the trial is likely to take some time, therefore he prays for grant of bail to the applicant. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that from perusal of the case diary, it appears that the complainant Rajaram Patel and Purushottam Patel were threatened and assaulted by accused persons namely, Dhanaram Patel, Rahul Patel, Dinesh Kumar Patel, and Sagar Patel over a land dispute. 3 Rahul Patel used a bracelet (chuda) and tangi to assault the complainant-Purushottam Patel, while Sagar used a wooden plank to attack Rajaram Patel, and Dinesh and Dhanaram physically assaulted them, causing injuries to their heads, waists, backs and shoulders. Accordingly, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 16.11.2024 and further from perusal of the case diary, it appears that the applicant, along with co-accused persons were involved in the present case and two co-accused persons namely Dhanaram Patel and Sagar Patel have already been granted bail, one of whom, Dhanaram Patel, was granted bail by this Court being MCRC No. 1546/2025, vide order dated 24.02.2025 on the ground of his age i.e. 75 years old. Furthermore, cross-reports have been filed in the present case and an FIR was also lodged by the applicant’s side for a similar offence, except the offence under Section 109 of the BNS and the applicant's grandfather, who is also a co-accused in the present case, who has granted bail, sustained injuries, however injuries were found to be simple in nature and in the present case, charge-sheet has been filed before the competent Court and the conclusion of the trial is likely to take some time thus, without further commenting anything on merits, I am inclined to grant bail to the applicant. 4 7. Let the applicant – Dinesh Kumar Patel, involved in Crime No. 302/2024 registered at Police Station- Baradwar, District- Sakti (C.G.), for the offence punishable under Sections 115(2), 118(1), 296, (3)(5), 351(3) and 109 of BNS, 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:- (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 sufÏcient 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. 5 (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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal