1 2025:CGHC:44024 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6830 of 2025 1 - Sameet Nishad S/o Shri Madhoram Nishad Aged About 26 Years R/o Sirsakhurd, Ward No. 14, Post Jewra Sirsa, P.S. Pulgaon, Tehsil And District- Durg, Chhattisgarh. 2 - Pawan Nishad S/o Shri Raju Nishad Aged About 23 Years R/o Sirsakhurd, Nadi Road, Post Jewra Sirsa, P.S. Pulgaon, Tehsil And District- Durg, Chhattisgarh. 3 - Tushar @ Rahul Nishad S/o Jageshwar Nishad Aged About 20 Years R/o Sirsakhurd, Ward No. 7, Post- Jewra Sirsa, P.S. Pulgaon, Tehsil And District- Durg, Chhattisgarh. 4 - Indrajeet Sarve S/o Late Mahesh Sarve Aged About 19 Years R/o Bhatapara, Nadi Road, Sirsakhurd, Post- Jewra Sirsa, P.S. Pulgaon, Tehsil And District- Durg, Chhattisgarh. ... Applicants versus State of Chhattisgarh Through, Police Station- Pulgaon, District- Durg (C.G.) ... Non-Applicant For Applicant : Mr. B.P. Singh, Advocate For Non-Applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.08.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 to the applicants who have been arrested in connection with Crime No. 125/2025 registered at Police Station – Pulgaon, District- Durg, (C.G.), for the offence punishable under Sections 109, 3(5), 190 and 191of the Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 14.04.2025 at about 11:00 PM, after having dinner, the marriage party of the complainant’s relative had gathered near Ram Mandir, Sirsa. At that time, near the house of Rajkumar Nishad, some members of the marriage party allegedly used filthy language. When the main accused, Rajkumar Nishad, objected and asked them to stop, all the accused persons came there and assaulted the marriage party with black bricks and clubs, causing injuries to six persons. Out of them, five sustained simple injuries while one, namely Pankaj Sinha, suffered a head fracture. Accordingly, an offence was registered, and after investigation, a charge-sheet has been filed. 3. Learned counsel for the applicants submits that they are innocent and have been falsely implicated in this case. It is submitted that in the written report, only the name of main accused Rajkumar is mentioned, who is alleged to have assaulted Pankaj Sinha with a wooden piece, and no specific role has been attributed to the present applicants. Except for Rajkumar, the name of other applicants does not appear in the written report, FIR, or in the statements of the injured persons recorded under Section 183 BNSS, 2023. No test identification parade has been conducted, and even in the memorandum prepared by the police, the applicants 3 have not been connected with the alleged incident. It is further submitted that the incident allegedly took place at night, making identification doubtful, and the dispute appears to have arisen due to consumption of liquor by members of the marriage party. He further submits that the applicants, aged between 19 to 26 years, are rustic villagers and are in jail since 16.04.2025 and 08.05.2025 respectively. He also submits that the applicants have no criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State counsel vehemently opposes the bail application and submits that the present applicants, along with other co-accused persons, assaulted the members of the marriage party with black bricks and clubs, causing injuries to six persons. Out of them, five sustained simple injuries, while one injured, namely Pankaj Sinha, suffered grievous injuries including a head fracture. He had to undergo surgery and remained on ventilator support for five days. He also submits that this Court has already rejected the bail application of co-accused persons in MCRC No. 4220/2025 vide order dated 30.07.2025. Therefore, they are also not entitled for grant of regular bail in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, it is evident that the present applicants, along with other co-accused persons, 4 assaulted the members of the marriage party with black bricks and clubs, causing injuries to six persons. Out of them, five sustained simple injuries, while one injured, namely Pankaj Sinha, suffered grievous injuries including a head fracture, for which he had to undergo surgery and remained on ventilator support for five days. The gravity of the offence and the nature of injuries clearly demonstrate the seriousness of the allegations. It is also relevant to note that this Court has already rejected the bail application of other co-accused persons in MCRC No.4220/2025 vide order dated 30.07.2025. In view of the aforesaid circumstances, this Court does not find it to be a fit case to enlarge the applicants on bail. 7. Accordingly, the bail application of the applicant – Sameet Nishad, Pawan Nishad, Tushar @ Rahul Nishad and Indrajeet Sarve, involved in Crime No. 125/2025 registered at Police Station – Pulgaon, District- Durg, (C.G.), for the offence punishable under Sections 109, 3(5), 190 and 191of the Bhartiya Nyaya Sanhita, 2023, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trail 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 Rahul Dewangan