1 2025:CGHC:45002 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7006 of 2025 1 - Devdatt Yadav S/o Shyam Charan Yadav Aged About 29 Years R/o Village Kundru Ps. Sanawal Distt- Balrampur Ramanujganj (C.G.) 2 - Radheshyam Yadav S/o Shri Ramkesh Yadav Aged About 68 Years R/o Village Kundru Ps. Sanawal Distt- Balrampur Ramanujganj (C.G.) 3 - Bhagirathi Yadav S/o Ramkesh Yadav Aged About 35 Years R/o Village Kundru Ps. Sanawal Distt- Balrampur Ramanujganj (C.G.) 4 - Shivbrat Yadav S/o Shri Ramkesh Yadav Aged About 32 Years R/o Village Kundru Ps. Sanawal Distt- Balrampur Ramanujganj (C.G.) ... Applicants versus State Of Chhattisgarh Through Sho, Sanawal, Distt- Balrampur, Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Dheerendra Pandey, Advocate. For Non-Applicant/State : Mr. Atanu Ghosh, Dy. Government Advocate. For Objector : Mr. Sachin Nidhi, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.09.2025 1. This the first bail application filed under Section 483 of the Bhartiya VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.03 18:45:33 +0530 2 Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 39/2025 registered at Police Station – Sanawal, District – Balrampur- Ramanujganj (C.G.) for the offences punishable under Sections 191(1) 191(2), 193(1), 190, 296, 351(2), 115(2), 109(1) & 117(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per prosecution that a report was lodged by the complainant i.e. Shyam Sundar Yadav at Police Station Sanawal to the effect that his father was in possession of two acres of government land in Village Kunduru, Auradammar, on which they had been cultivating for 18-20 years, and on 04.07.2025, Sawa was sown by them in the said land. On 13.07.2025, his father Maheshwar and Rajesh, Sanjay went to the field and he was also ploughing with his tractor, then seeing him, accused Devdutt Yadav with a stick in his hand and Bhagirathi, Shivbrat, Radheshyam, Madan Mohan, Shyamnarayan & Anand came from the incident took place and abused him and threatened him with the intention of killing him. Devdutt beat him with the stick with the intention of killing him. He and his brother Rajesh Yadav, have got serious head injuries due to the stick and Maheshwar and uncle-in-law have got serious injuries. Maheshwar Yadav has got head, hand, left hand, back and Sanjay Kumar has got head and back injuries. Rajesh and Maheshwar have got serious injuries and they have become unconscious. They have been treated in Sanjeevani Hospital, Ramanujganj. On basis of the said complaint made by the complainant police has registered the aforesaid offence against the applicants. 3 3. The applicant is innocent and has been falsely implicated in this case. In fact, the complainant party were the aggressors, as they unlawfully entered the applicant’s field with a tractor to plough the land, and upon objection, they assaulted the applicants. The applicants had earlier lodged a report against the complainant party, and the present case appears to be a counterblast. A written complaint was also made by the son of applicant No. 2 before the SDO Police, Vadafnagar, narrating the incident of 13.07.2025 and highlighting that the complainant party wrongfully cultivated the land in dispute and assaulted the applicants. The complainant party has thereafter exaggerated the incident by adding serious allegations under Section 109(1) BNS, though the injuries sustained are simple in nature and not life-threatening. The applicants have been in custody since 14.07.2025, are permanent residents with no likelihood of absconding or tampering with witnesses, and are willing to furnish surety and abide by all conditions imposed by this Hon’ble Court, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, learned State counsel as well as learned counsel for the objector opposed the bail application of the present applicants and submitted that the charge-sheet has not yet been filed before the competent Court in the present case. It is further submitted that the present applicants assaulted the injured, causing him severe injuries, and therefore, they are not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, and upon 4 perusal of the case diary, it is evident that there are cross-reports regarding the incident and that both sides have sustained injuries. On examination, it is observed that the injuries sustained by the complainant party are simple in nature and do not appear to be life- threatening. The charge sheet in the matter has already been filed before the competent Court, and the applicants have been in judicial custody since 14.07.2025, and the trial is likely to take considerable time for its conclusion, therefore, this Court is of the considered opinion that the present applicants are entitled to be released on regular bail in the present case. 7. Let the Applicant – Devdatt Yadav, Radheshyam Yadav, Shivbrat Yadav & Bhagirathi Yadav involved in Crime No. 39/2025 registered at Police Station – Sanawal, District – Balrampur-Ramanujganj (C.G.) for the offences punishable under Sections 191(1) 191(2), 193(1), 190, 296, 351(2), 115(2), 109(1) & 117(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two local 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 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the 5 date fixed in such proclamation, then, the trial court shall initiate proceedings against him, 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 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. 8. 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 vaibhav