1 2025:CGHC:48069 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7384 of 2025 1 - Harsh Jaiswal S/o Late Shri Rama Shankar Jaiswal (Wrongly Mentioned As Ram In Impugned Order) Aged About 23 Years R/o Ward No. 15, Pali, P.S. Pali, Distt. Korba (C.G.) 2 - Kanhaiya Jaiswal @ Krishna Kumar, S/o Vijay Prakash Jaiswal, Aged About 44 Years R/o Ward No. 15, Pali, P.S. Pali, Distt. Korba (C.G.). ---Applicants versus State Of Chhattisgarh Through District Magistrate- Korba Distt. Korba (C.G.) ---Non-applicant MCRC No. 7425 of 2025 Rajesh Dongre S/o Late Ram Khilawan Dongre, Aged About 40 Years R/o Pali, P.S. Pali, Distt. Korba (C.G.) ---Applicant Versus State Of Chhattisgarh Through Station House Office- Police Station Pali, Distt. Korba (C.G.). ... Non-applicant MCRC No. 7398 of 2025 1 - Anil Jaiswal S/o Ved Prakash Jaiswal, Aged About 40 Years R/o Ward No. 15, Pali, P.S.- Pali, Distt. Korba (C.G.) VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.19 14:32:39 +0530 2 2 - Rahul Jaiswal @ Ankush Jaiswal S/o Uma Shankar Jaiswal Aged About 38 Years R/o Ward No. 15, Pali, P.S.- Pali, Distt. Korba (C.G.) ---Applicants Versus State Of Chhattisgarh Through District Magistrate- Korba, District Korba (C.G.) ... Non-applicant For respective Applicants : Mr. Jaydeep Singh Yadav, Mr. Vijay Kumar Sahu & Mr. Ashutosh Pandey. Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. For Objector : Mr. Arpit Agrawal, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.09.2025 1. The applicants have preferred this 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. 116/2025, registered at Police Station : Pali District – Korba (C.G.) for the offence punishable under Sections 190,191(2),331(6),324(4), 326(G), 296 & 351(2) of BNS 2023. 2. The prosecution story in brief is that the complainant Sandhya Singh Thakur gave a written report in P.S.- Pali dated 28/03/2025 alleging that the present applicants entered the house of the complainant and started abusing her, threatened her and damaged the belongings kept in her house and also set fire to the furniture and other items of the house and the complainant along with her husband and daughter somehow saved her life and later doused the fire. She also narrated the past threatening given to her by one Sanjay Bhavnani in her 3 written report. The concerned police then lodged the FIR under section 191 (2), 331 (6), 324 (4), 326 (g), 296, 351 (2), 190 of BNS, 2023 and then implicated the name of the applicant no. 1 in the charge-sheet under the same sections of the FIR. Later, the bail application of the present applicants were dismissed by the Ld. Additional Sessions Judge, Katghora dated 06/09/2025. Hence this bail petition. 3. The allegations levelled against the applicants are false, fabricated, and an afterthought, made only to create a counter case against them. In fact, the complainant’s own brother and son, along with others, brutally murdered the applicants’ cousin Late Rohit Jaiswal on 28.03.2025 at Budbud Mines, Pali, for which FIR No. 114/2025 was immediately registered at P.S. Pali under relevant provisions of the BNS, 2023 and the Arms Act against the complainant’s family members. To counter the said incident and dilute their liability, the culprits and their family members have lodged false FIRs bearing Nos. 115, 117, and 118 of 2025 at P.S. Pali. The Hon’ble Court has already protected the applicants from arrest in WPCR No. 205/2025 vide orders dated 17.04.2025 and 13.08.2025. The applicants have never obstructed investigation and, after filing of charge-sheet No. 225/2025, they voluntarily surrendered. As the investigation is complete, no custodial interrogation is required. Further, a co-accused named in the FIR has already been granted anticipatory bail on merits vide order dated 03.09.2025 in MCRCA No. 1338/2025, and the present applicants stand on the same, if not better, footing. The applicants undertake not to tamper with evidence, threaten or influence 4 witnesses, or leave India without prior permission of this Hon’ble Court, and are willing to comply with any conditions imposed for their release. They are permanent residents of the address mentioned in the cause title and there is no likelihood of absconding or interfering with the trial, therefore, they 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. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and further considering that there are cross- reports of the incidents, both sides have received injuries, and from the side of the applicants, one person, namely Anup @ Rohit Jaiswal, died. The accused in the cross-case, for which an FIR was lodged by the applicants against the complainant party and others, are in jail, and their bail applications have also been dismissed by this Court. So far as the present applicants are concerned, they were also involved in the altercation, due to which the injured sustained simple injuries. Also considering the fact that the charge-sheet has been submitted before the competent Court in the present case and that the applicants have been in jail since 25.08.2025, and as the trial is likely to take some time for its conclusion, therefore, I am of the opinion that the applicants are entitled to be released on bail in this case. 7. Let the Applicants – Harsh Jaiswal, Kanhaiya Jaiswal @ Krishna Kumar, Rajesh Dongre, Anil Jaiswal and Rahul Jaiswal @ 5 Ankush Jaiswal involved in Crime No. 116/2025, registered at Police Station : Pali District – Korba (C.G.) for the offence punishable under Sections 190,191(2),331(6),324(4),326(G), 296 & 351(2) of BNS 2023, be released on bail on furnishing personal bond with two local 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 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 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. 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