1 2025:CGHC:31724 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5293 of 2025 Lal Bahadur S/o Late Rambriksh Aged About 24 Years R/o Dhandhapur Badkapara, P.S. - Rajpur, District - Balrampur Ramanujganj, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. Police Station Rajpur District - Balrampur - Ramanujganj, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Pushkar Sinha, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 40/2025, registered at Police Station Rajpur District - Balrampur - Ramanujganj (CG) for the offence punishable under Sections 296, 351(2), 115, 109, 3(5) of 2 Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story in brief, is that complainant, Ram Singh, a resident of Asanapara Gopalpur, filed a report at Naya Rajpur Police Station alleging the on 24.02.2025, at around 7:00 P.M., his nephews, Sonu and Mannu, were performing a dance show in Dhandapur. During the event, some villagers, namely, Lal Bahadur, Pand, Samla, and Krishna, allegedly abused and threatened them, saying, why are you, outsiders, making our village girls dance. The accused also allegedly used obscene language and threatened to kill them, beating Sonu and Mannu with sticks. Based on this report, the police registered a case under Sections 296, 351(2), 115, 109, and (3)(5) of the Bharatiya Nyaya Sanhita. During the investigation, Section 109 of BNS was added. The accused were arrested based on evidence, and after completing the investigation, a charge sheet was filed under the aforementioned sections. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. He further submit that the incident occurred suddenly, and the victim/injured was the aggressor. The applicant claims they never assaulted the victim/injured and instead tried to pacify them during the incident. Meanwhile, co-accused allegedly caused injuries to the victim/injured. He also submits that the injury caused to the victim/injured is not grievous in nature and the applicant had no 3 intention to cause any injury to the victim/injured, further the act was done in the heat of the moment, so far as criminal antecedent of the applicant is concerned, applicant has no criminal antecedent and no incriminating material was seized from the applicant. The applicant is in jail since 24.05.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant alongwith other co-accused persons allegedly used obscene language and threatened to kill the injured, beating Sonu and Mannu with sticks, due to which, injured, Sonu sustained multiple head injuries that are, multiple extradural hematoma (EDH), fracture of right frontal bone, right temporal bone, right zygomatic arch, Bilatoral nasal bone, grater wing of right sphenoid bone and as per MLC report and MDCT Brain, the same are found to be grievous in nature, therefore, applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy, prima facie it appears that the applicant alongwith other co-accused 4 persons allegedly assaulted Sonu and Mannu with sticks, due to which, injured, Sonu Sandilya sustained multiple head injuries i.e. multiple extradural hematoma (EDH), fracture of right frontal bone, right temporal bone, right zygomatic arch, Bilatoral nasal bone, grater wing of right sphenoid bone and as per MLC report and MDCT Brain, the injuries are found to be grievous in nature, copies of which have been produced by the State counsel, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant-Lal Bahadur, involved in Crime No. 40/2025, registered at Police Station Rajpur District - Balrampur - Ramanujganj (CG) for the offence punishable under Sections 296, 351(2), 115, 109, 3(5) of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil