1 2025:CGHC:41271 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6446 of 2025 Kamal Kashyap Son of Maheshi Aged About 40 Years Resident of Village - Masna, Police Station and Tahsil- Lormi, District- Mungeli (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer Police Station Lormi District- Mungeli (C.G.) ... Non-Applicant For Applicant : Mr. Bharat Rajput, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 14.08.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.224/2024, registered at Police Station – Lormi, District- Mungeli (C.G.) for the offence punishable under Sections 294, 506-B, 323, 307, 34 of Indian Penal Code. 2 As per the prosecution story, in brief, the complainant, namely Chandrakant Kashyap, lodged a report at Police Station, Lormi, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.14 20:19:14 +0530 2 stating that on 14.06.2024, while he was bringing a mixer machine home for roof construction, the accused, Loknath Kashyap, stopped machine and used abusive language, and picked a quarrel. Later, at around 11:00 a.m., while the complainant was purchasing additional construction materials with his father near Narendra Dhruv's shop, they were assaulted by Loknath Kashyap and Kamal Kashyap. The accused used sticks and spades to attack them, causing head injuries and bleeding to both the complainant and his father. Based on the said complaint, FIR No. 224/2024 was registered under Sections 294, 506, 323, and 34 of the Indian Penal Code. During the course of investigation, the offence under Section 307 of the IPC was added. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant is in jail since 08.03.2025 and though the trial is in progress and the bail application of the brother of the applicant, namely, Loknath Kashypa, has already been rejected by this Court on merits vide order dated 08.11.2024 passed in MCRC No. 7669/2024. He also submits that the charge- sheet has been submitted and further the trial is in progress and the trial is likely to take considerable time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State Counsel opposes the bail application and submits that a charge sheet has already been filed in the case. He further submits that the bail application of the brother of the applicant, namely, Loknath Kashypa, was rejected by this Court 3 on merits vide order dated 08.11.2024 passed in MCRC No. 7669/2024. He contends that the roles of the applicant and his brother are identical, as both allegedly assaulted the injured and his father with a wooden stick and spade, due to which they received grievous head injuries. It is further pointed out that though the trial is in progress in the matter of the co-accused and prosecution witnesses have been examined, the present applicant absconded and was subsequently arrested on 08.03.2025. Due to his absconding, the trial could not proceed, and the evidence against the present applicant now has to be recorded afresh. In view of the same, the present bail application is liable to be rejected. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the bail application of the brother of the applicant, namely, Loknath Kashypa, was rejected by this Court on merits vide order dated 08.11.2024 passed in MCRC No. 7669/2024, further the fact that the roles of the applicant and his brother are identical, as both allegedly assaulted the injured and his father with a wooden stick and spade, due to which they received grievous head injuries, it is further pointed out that though the trial is in progress in the matter of the co-accused and prosecution witnesses have been examined, the present applicant absconded and was subsequently arrested on 08.03.2025, considering the fact that due to his absconding, the trial could not proceed, and the evidence against the present applicant 4 now has to be recorded afresh, in view of the same, 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 the applicant - Kamal Kashyap involved in Crime No.224/2024, registered at Police Station – Lormi, District- Mungeli (C.G.) for the offence punishable under Sections 294, 506-B, 323, 307, 34 of Indian Penal Code, is rejected at this stage. 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti