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2025 DAILYLAW 47572 (CHH)

SOHAN VERMA v. STATE OF CHHATTISGARH

MCRC/8637/2025 · 2025-12-07

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Judgment text

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1 2025:CGHC:59534 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8637 of 2025 1 - Sohan Verma S/o Rajkumar Verma Aged About 32 Years R/o Village Sipat Ps And Tahsil Sipat District- Bilaspur (C.G.) 2 - Deepak Kumar Verma @ Ruru S/o Khileshwar Verma Aged About 22 Years R/o Village Sipat Ps And Tahsil Sipat District- Bilaspur (C.G.) ... Applicants versus State Of Chhattisgarh Through - SHO Sipat, Distt- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Dheerendra Pandey, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.12.2025 1. This the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.507/2025 registered at Police Station – Sipat District - Bilaspur (C.G.), for the offences punishable under Sections 296, 115(2), 119(2), 351(2) & 3(5) of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.09 11:44:55 +0530 2 2. The prosecution story in short is that, on On 08.09.2025, Complainant I.e. Shailendra Kumar Verma, after closing his shop at 12:30 pm, was on his way to Sai Vatika on a motorcycle with his brother Satyendra Verma to have lunch. On the way, near Navadih Chowk, applicant/accused Sohan Verma arrived on a motorcycle and knocked the complainant off his motorcycle, causing him to fall. He began abusing him, saying, "You don't know how to drive properly, and demanded money for alcohol. When he refused, the three accused, claiming, "You're acting smart," continued abusing him, threatening to kill him. Sohan Verma struck his brother Satyendra on the head with a nearby air pump, and Ruru Verma assaulted him with a stick, and Vimal Verma with his fists. In the scuffle, Verma sustained injuries to his nose, left toe, and back, while his brother Satyendra Verma sustained injuries to his head, left leg, and back. Based on the applicant's report, a case was registered against the applicants/accused at Sipat police station under sections 296, 115 (2), 119 (2), 351 (2), and 3 (5) of the Indian Penal Code and taken up for investigation. During the investigation, an air-filling pipe and a bamboo stick used in the crime were seized from the applicants/accused. The stick belongs to Sohan Verma. 3. The applicant respectfully submits that he is an innocent person and has been falsely implicated in the present case. It is contended that the prosecution has not collected any legal or clinching evidence to establish his involvement in the alleged offence, and the applicant has been roped in solely due to previous enmity with the complainant party. The applicant further submits that he has been in judicial custody since 20.09.2025 therefore, he prays for grant of regular bail 3 to the present applicant. 4. On the other hand, the learned State counsel opposed the bail application submitted by the present applicants and argued that the charge-sheet has already been filed. It is further submitted that the applicants assaulted the injured, resulting in grievous injuries, and that applicant No. 1 has three previous criminal antecedents while applicant No. 2 has four criminal antecedents. Therefore, the applicants are not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and upon perusal of the case diary, it appears that the injuries sustained by the injured are simple in nature. Furthermore, the applicants have been in custody since 20.09.2025, and the conclusion of the trial is likely to take some more time. In view of the aforesaid, this Court is of the considered opinion that the applicants are entitled to be released on regular bail in this case. 7. Let the Applicant – Sohan Verma & Deepak Kumar Verma @ Ruru involved in Crime No.507/2025 registered at Police Station – Sipat District - Bilaspur (C.G.), for the offences punishable under Sections 296,115(2),119(2),351(2) & 3(5) of the BNS 2023, be released on bail on furnishing personal bond with two local sureties 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 4 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 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 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