1 2025:CGHC:49472 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6774 of 2025 Chandra Kumar S/o Shatruhan Aged About 24 Years R/o- Village Dudiya Ps Arjunda District Balod (C.G.) --- Applicant versus State of Chhattisgarh Through - SHO, Police Station Arjunda, District - Balod (C.G.) --- Non-applicant Along with MCRC No. 7103 of 2025 Hemant Singh Pawar S/o Neelkanth Singh Pawar Aged About 40 Years R/o Village Dudiya Police Station Arjunda District Balod (C.G.) --- Applicant Versus State of Chhattisgarh Through Station House Officer, Police Station Arjunda, District : Balod, Chhattisgarh. --- Non-Applicant For Applicants : Mr. Avinash Chand Sahu, Advocate. For Non-Applicant/State : Ms. Viashali Mahiong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.09.2025 1. Since the above-mentioned two first bail applications arise out of same incident, same crime number and registered at same police station, they are clubbed and heard together and are being disposed of by this common order. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The applicants have preferred these First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 110/2025, registered at Police Station : Arjunda, District : Balod, (C.G.) for the offence punishable under Sections 109, 126(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 3. The prosecution case, in brief, is that the complainant Menka Yadav lodged a report stating that on 14.07.2025, a quarrel took place between her and her father regarding a dispute over fertilizer. She narrated the incident to her uncle Anil Yadav, and later the same day, at about 8:30 PM, when her father was returning home, Anil Yadav along with co-accused Hermant Singh Pawar intercepted him near Dudiya Nala Bridge and assaulted him with sticks and by using hands and fists. As a result of the assault, her father sustained injuries to his right eye, mouth, head, and forehead. Based on the report, the concerned police station registered the case and arrested the applicants, leading to the filing of thess bail applications. 4. Learned counsels for the applicants submits that the applicants are innocent persons and have been falsely implicated in the aforesaid case and have not committed any offence. He further submits that as per the prosecution's case, it was the co-accused Anil Yadav who assaulted the injured with sticks and by using hands and fists, as a result of the assault, her father sustained injuries to his right eye, mouth, head, and forehead, the injuries sustained by the injured are grievous in nature, while the applicants are alleged to 3 have accompanied the co-accused. He further submits that the applicants were only trying to settle the dispute between the father of the complainant and the other co-accused person. He also submits that the both the applicants have no criminal antecedent, the 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. 5. On the other hand, learned State Counsel appearing for the non- applicant/State opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicants have assaulted the injured with sticks and by using hands and fists, as a result of the assault, her father sustained injuries to his right eye, mouth, head, and forehead, the injuries were found to be grievous in nature, therefore, the applicants are not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 19.07.2025, the fact that though the applicants and the co- accused person were involved in the present case, and admittedly, as per the prosecution's case, it was the co-accused Anil Yadav who assaulted the injured with sticks and by using hands and fists, as a result of the assault, her father sustained injuries to his right eye, mouth, head, and forehead, and the injuries sustained by the 4 injured are grievous in nature, while the applicants are alleged to have accompanied the co-accused, but the said act was attributed to co-accused person, namely Anil Yadav, further the case of present applicants are distinguishable from that of the co-accused, namely Anil Yadav, who committed the said act, the applicants have no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. 8. Let the Applicants – Chandra Kumar and Hemant Singh Pawar, involved in Crime No. 110/2025, registered at Police Station : Arjunda, District : Balod, (C.G.) for the offence punishable under Sections 109, 126(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on 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 sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. 5 (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, 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 sufficient 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. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan