1 2025:CGHC:54175 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8800 of 2025 1 - Kamlesh Dewangan S/o Jaychand Dewangan Aged About 33 Years R/o Vill Hanuman Dhara, P.S. Janjgir Distt. Janjgir Champa C.G. 2 - Akhilesh Dewangan @ Raju Dewangan S/o Jaychand Dewangan Aged About 25 Years R/o Vill Hanuman Dhara, P.S. Janjgir Distt. Janjgir Champa C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Janjgir, District Janjgir-Champa C.G. ... Respondent(s) For Applicant(s) : Mr. Aishwarya Kumar Dubey, Advocate appeared through video conferencing. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 connection with Crime No. 762/2025 registered at Police Station Janjgir, District Janjgir-Champa (C.G.) for the offence punishable under Sections 109, 296, 115(2), 351(2) and 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 28.08.2025 at about 8:30 P.M., the complainant Naveen Dewangan lodged a report at Police Station Champa, stating that his brother Dheeraj Dewangan was closing his shop at Kachahari Chowk when accused persons Kamlesh Dewangan, Akhilesh Dewangan @ Raju Dewangan, and Panchram Patel, acting with a common intention and due to an old enmity, attacked him with an iron leg guard, stick, and knife-like weapon, intending to kill him. When a nearby shopkeeper, Digambar Rathore, tried to intervene, the accused persons also assaulted him. Based on the report, an FIR was registered, and both injured persons were medically examined. The medical report noted injuries caused by a sharp- edged weapon. During investigation, the statements of the injured and witnesses were recorded. The accused persons were arrested, and in their memorandum statements, they confessed to the assault made with an intention to kill. On their disclosure, the iron leg guard, stick, and knife used in the offence were seized in the presence of witnesses. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and the have been falsely implicated in offence in question. He further submits that the 3 applicants alongwith one co-accused, namely, Panchram Patel assaulted the injured persons with an iron leg guard, stick, and knife-like weapon, due to which, injured, Digambar Rathore sustained simple injuries and injured, Dheeraj Dewangan sustained 11 injuries on his person including one incised wound and rest injuries are lacerated wound and contusion, but as per query report the injury sustained by the injured Dheeraj are not found to be dangerous to life. The applicant is in jail since 05.09.2023, the applicant has no criminal antecedents, 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 applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicants allegedly, along with co-accused Panchram Patel, on 28.08.2025, due to an old enmity, attacked injured Dheeraj Dewangan with an iron leg guard, stick, and knife-like weapon with the intention to kill him. When Digambar Rathore tried to intervene, he was also assaulted by them. They are alleged to have acted with common intention and prior preparation, causing grievous injury to Dheeraj Dewangan and simple injury to Digambar Rathore. 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. 4 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 29.08.2025, the fact that though the applicants alongwith one co-accused, namely, Panchram Patel assaulted the injured persons with an iron leg guard, stick, and knife-like weapon, due to which, injured, Digambar Rathore sustained simple injuries and injured, Dheeraj Dewangan sustained 11 injuries on his person including one incised wound and rest injuries are lacerated wound and contusion, but as per query report the injury sustained by the injured Dheeraj are not found to be dangerous to life, further the applicant has no criminal antecedent and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Accordingly, the application is allowed. 8. Let the Applicants-Kamlesh Dewangan and Akhilesh Dewangan @ Raju Dewangan, involved in Crime No. 762/2025 registered at Police Station Janjgir, District Janjgir-Champa (C.G.) for the offence punishable under Sections 109, 296, 115(2), 351(2) and 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 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 5 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 applicant 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 send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil