1 2025:CGHC:45412 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7044 of 2025 Ramshankar Kenwat S/o Late Pyarelal Kenwat Aged About 40 Years R/o Village Atarra, Police Station- Hirri, District Bilaspur C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Hirri, District Bilaspur C.G. ... Non-applicant(s) For Applicant(s) : Mr. Kunwar Lal Sahu, Advocate For Non-applicant/State(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.09.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 168/2025 registered at Police Station Hirri, District- Bilaspur (C.G.), for the offence punishable under Sections 296, 115(2), 351(2), 118(2), 3(5) of Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 20-06-2025, the complainant, Kaushilya Baghel, appeared at Police Station Hirri and lodged a named report against the applicant/accused along with other co-accused persons, stating that on 19-06-2025 at about 6:40 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 p.m. in village Atarra, when her husband, Ramlal Baghel, questioned Ramshankar Nishad as to why he was obstructing the passage of the common street, Ramshankar Nishad entered into a dispute with her husband and started abusing him in filthy language. When objected, Ramshankar Nishad and Pyarelal Nishad hurled obscene abuses at her by using derogatory words and further extended threats to kill. Thereafter, Ramshankar Nishad/applicant assaulted her husband with a stick. When her brother-in-law, Jeevan Baghel, intervened, both of them also assaulted the complainant and her brother-in-law. Due to the said assault, her husband, Ramlal Baghel, sustained injuries on his left arm, waist, and right jaw, and her brother-in-law sustained injuries on his head. On making a call to 108, an ambulance was summoned, and since the condition of Ramlal Baghel was serious, he was taken to Sargaon Hospital for treatment, while the complainant and her brother-in-law were treated at Bilha Hospital. After the treatment, the complainant lodged the present report at Police Station Hirri regarding the said incident. On the basis of the complaint, a criminal case has been registered against the applicant/accused along with other co-accused persons under Sections 296, 115(2), 351(2), and 3(5) of the Bharatiya Nyaya Sanhita, and the matter has been taken up for investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that there are cross-reports of the incident. From the side of the applicant, his father was done to death by the complainant party. An 3 FIR was lodged by the wife of the applicant against Ram Lal Baghel and Jivan Lal Baghel, alleging that they caused injuries to the father of the applicant, who later died. It is further submitted that the aforesaid co-accused persons, namely Ram Lal Baghel and Jivan Lal Baghel, are also in jail in connection with the said case. So far as the present case is concerned, there are three injured persons, out of whom two sustained simple injuries, whereas one injured person, namely Ram Lal, suffered an injury on his shoulder, which is a non-vital part of the body. The applicant has been in custody since 28.07.2025 and the conclusion of the trial is likely to take some time. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposed the prayer for grant of bail and submits that the charge-sheet has been filed before the competent Court in the present case however, there are three injured persons, out of whom two sustained simple injuries, whereas one injured person, namely Ram Lal, suffered grievous injury on his shoulder and has also undergone surgery. Accordingly, the present applicant is 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 the allegations levelled against the applicant and the fact that there are cross-reports of the incident and from the side of the applicant, his father was done to death by the complainant party and an FIR was lodged by the wife of the applicant against Ram Lal Baghel and Jivan Lal Baghel, alleging 4 that they caused injuries to the father of the applicant, who later died. Further, the aforesaid co-accused persons, namely Ram Lal Baghel and Jivan Lal Baghel, are also in jail in connection with the said case. So far as the present case is concerned, there are three injured persons, out of whom two sustained simple injuries, whereas one injured person, namely Ram Lal, suffered an injury on his shoulder, which is a non-vital part of the body and the applicant has been in custody since 28.07.2025 and the conclusion of the trial is likely to take some time, hence, I am inclined to grant bail to the applicant. 7. Let the applicant, Ramshankar Kenwat, involved in Crime No. 168/2025 registered at Police Station Hirri, District- Bilaspur (C.G.), for the offence punishable under Sections 296, 115(2), 351(2), 118(2), 3(5) of Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i)The applicant 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 open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient 5 cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nyaya Sanhita is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant 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 him 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 Kunal