1 2025:CGHC:3449 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 506 of 2025 1. Devkumar Yadav S/o Bhuneshwar Yadav Aged About 50 Years R/o Maharajganj, Boditola, Police Outpost Ganeshmod, Police Station Balrampur District-Balrampur-Ramanujganj(C.G.) 2. Dharamjeet Yadav S/o Devkumar Yadav Aged About 23 Years R/o Maharajganj, Boditola, Police Outpost Ganeshmod, Police Station Balrampur District-Balrampur-Ramanujganj(C.G.) ... Applicans versus State of Chhattisgarh Through Station House OfÏcer, Police Outpost Ganeshmod, Police Station Balrampur District-Balrampur- Ramanujganj(C.G.) ... Non-applicant For Applicants : Mr. Gagan Pandey, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. For Objector : Mr. Abhishek Gupta, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.01.2025 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. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.21 16:14:43 +0530 2 113/2024 registered at Police Outpost Ganeshmod, Police Station Balrampur, District Balrampur-Ramanujgan (C.G.) offence under Sections 294, 506, 323, 147, 148 and 307 read with Section 149 of the Indian Penal Code (IPC). 2. The prosecution's case is based on a complaint filed by Krishna Yadav at the Balrampur police station. According to the complaint, on June 26, 2024, at 10:00 AM, a group of individuals, including Devkumar Yadav, Futul Devi, Dharamjeet Yadav, Indrajeet, and Kismatiya, armed with axes and sticks, entered Krishna's land and began ploughing it. When Krishna's mother, Fulmatiya, and his brothers, Ramvilas and Ashok Yadav, objected, the group allegedly started abusing them and threatening to kill them. The situation escalated, with Devkumar attacking Ramvilas with an axe, causing a fracture in his left hand, and Dharamjeet attacking him with a spear. Futul and Indrajeet also allegedly assaulted them. Later that day, at around 7:00 PM, Indrajeet, Kismatiya, and several others surrounded Krishna's house and destroyed the crops on the disputed land. A First Information Report (FIR) was registered on July 10, 2024, based on Krishna's complaint. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. He submits that the FIR registered against the applicants is a counter FIR. On the date of the incident, applicant No. 1 and his wife were ploughing their land with a tractor when a dried tree branch on the border between their land and the complainant's land got struck by the tractor's roof and fell down. The applicants were removing the 3 branch when the complainant, along with his family members, attacked them with axes and sticks, resulting in a grievous head injury to applicant No. 1, who was hospitalized for three days. He further submits that in response, the applicants lodged an FIR against the complainant and his family members on July 1, 2024. Notably, the injuries sustained by the complainant were simple in nature, as per the MLC report in the charge-sheet. He also submits that 08 out of 09 persons accused in the applicants' FIR have been granted bail by this Hon'ble Court. He also submits that the present applicants are in jail since 27.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 5. Learned counsel appearing for the objector opposes the bail application of the present applicants and submits that the applicants along with his family members have assaulted the complainant and his family members, due to which they received grievous injuries, therefore, they are not entitled for grant of regular bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that there is a counter FIR between the parties and 01-01 person 4 from both the sides has received injuries, moreover, the charge- sheet has been filed before the competent Court and they are in jail since 27.12.2024, 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 bail in this case. 8. Let the Applicants – Devkumar Yadav and Dharamjeet Yadav, involved in Crime No. 113/2024 registered at Police Outpost Ganeshmod, Police Station Balrampur, District Balrampur- Ramanujgan (C.G.) offence under Sections 294, 506, 323, 147, 148 and 307 read with Section 149 of the Indian Penal Code (IPC), be released on bail on his 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, 5 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 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. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 10. 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 Abhishek