1 2025:CGHC:3720 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 549 of 2025 1 - Gendlal Raidas S/o Late Nanchu Aged About 30 Years R/o Village Karhaniya, P.S. Marwahi, District- Gaurela Pendra Marwahi (C.G.) 2 - Ramdas Raidas S/o Lalchand Raidas Aged About 45 Years (Father Name Of A-2 Is Wrongly Mentioned In Annexure A/1) R/o Village Karhaniya, P.S. Marwahi, District- Gaurela Pendra Marwahi (C.G.) 3 - America Raidas Alias Amirkal W/o Ramdas Raidas Aged About 40 Years R/o Village Karhaniya, P.S. Marwahi, District- Gaurela Pendra Marwahi (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- TI, Police Station Marwahi, District- Gaurela Pendra Marwahi C.G. ... Non-Applicant(s) For Applicant(s) : Mr. Avadhesh Mishra, Advocate. For Non-Applicant(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/01/2025 1. This is the first bail application filed under Section 483 of the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 271/2024 registered at Police Station Marwahi, District- Gaurela Pendra Marwahi (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 109 r/w Section 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant, Amol Raidas, presented himself at the Marwahi Police Station on 01.12.2024, and filed a oral report stating that on 29.11.2024, he had gone to Gram Ushad with his wife, Dhanmat Bai. On 01.11.2024, at 7:00 am, the complainant's brother, Samarud Raidas, called and informed him that on the night of 30.11. 2024, at 8:00 pm, their son, Nandkumar Raidas, was beaten by the accused, Ramdas Raidas, alongwith Gendalal Raidas and Ramdas's wife, America Bai, over a long-standing land dispute. The accused allegedly used abusive language, threatened to kill Nandkumar, and physically assaulted him with a wooden stick, causing serious injuries to his head, face, back, and eyes, which required hospitalization, the accused, Ramdas Raidas, Gendalal Raidas, and America Bai, the wife of Ramdas, collectively assaulted the complainant's son, Nandkumar Raidas, on the night of 30.11.2024, at 8:00 pm, near the residence of Chongalal Paw, over a long-standing land dispute. The accused allegedly used obscene language, threatened to kill Nandkumar, and physically assaulted him with a wooden stick, causing severe injuries to his head, face, back, and eyes. As a result of the assault, Nandkumar 3 Raidas suffered serious injuries and was subsequently hospitalized for treatment. The accused persons, by their actions, have committed an offense of voluntarily causing hurt and criminal intimidation, and have also threatened to kill the victim, thereafter, the offence has been registered against the applicants. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that applicants and victim belongs to the same family, applicant No.2 has assaulted the victim by wooden plank, whereas the other two co-accused persons have abused the victim. He also submits that against the victim an FIR was lodged by daughter of applicant No.2 for the offence punishable under Section 354 of IPC, due to which, an animosity arose between complainant’s family and applicant’s family, so far as the injuries of injured are concerned, as per the NCT Head report, the injury sustained by the injured is found to be simple in nature as there were minor fractures. The applicants are in jail since 29.12.2024, the applicants have no criminal antecedent, 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 appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that applicant Nos.1 and 3 had abused the injured, whereas applicant No.2 has assaulted the injured with wooden plank, due to which, he received some injuries on his person, 4 therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 29.12.2024, the fact that applicant Nos.1 and 3 had only abused the injured, whereas applicant No.2 has assaulted the injured with wooden plank, due to which, the injured sustained some injuries on his persons, but as per NCT Head report, the injury sustained by the injured are found to be simple in nature, as there were some minor fracture, further 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. 7. 7. Let the Applicants-Gendlal Raidas, Ramdas Raidas and America Raidas Alias Amirkal, involved in Crime No. 271/2024 registered at Police Station Marwahi, District- Gaurela Pendra Marwahi (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 109 r/w Section 3(5) of BNS, be released on bail on their furnishing a 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 he 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 5 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, 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 applicant is 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. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil