1 2025:CGHC:55322 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9092 of 2025 1. Sunil Kumar Chandra S/o Shri Jagdish Prasad Chandra Aged About 20 Years R/o Vill-Katari, P.S. Malkharouda, District Sakti (C.G.) 2. Shashi Kishor Chandra S/o Krishan Kumar Chandra Aged About 24 Years R/o Village Singhra, P.S. Malkharouda, District Sakti (C.G.) Present R/o Kirodimal Nagar, Ganesh Chowk, Ward No. 1, P.S. Kotra Road, District Raigarh (C.G.) ... Applicants versus State of Chhattisgarh Through S.H.O. P.S. Malkharauda, District Janjgir- Champa (Now District Sakti) (C.G.) ... Non-applicant For Applicants : Mr. Ravindra Sharma, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 13.11.2025 1. This is the First bail application 9led 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. 139 of 2025 registered at Police Station : Malkharauda, District – Janjgir-Champa (Now Dist. Sakti) (C.G.) for the o>ences punishable under Sections 296, 351(2), 109, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. Prosecution story in brief, is that the complainant, Smt. Shyam Bai Sahu, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.14 11:08:02 +0530 2 lodged a complaint at Police Station Malkharauda stating that she has two sons and one daughter; her husband has passed away; she resides with her children. On 23.06.2025, her elder son went outside after having lunch, after some time, her neighbor, Munnu Sahu, informed her that some persons had assaulted her son, Bhupendra Sahu, and that he was lying near the house of Late Nandu Chandra. Upon reaching the spot, she found her son Bhupendra lying there with injuries on his head and back, and there was blood on the ground; the people standing nearby informed her that the present applicant and his friends had caused those injuries due to previous enmity, they took the victim to the hospital for treatment and thereafter lodged the present complaint. On the basis of the said complaint, Police Station Malkharauda registered Crime No. 139/2025 for the alleged o>ences punishable under Sections 296, 351(2), 109, and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and arrested the applicants on 24.06.2025. 3. Learned counsel for the applicants submits that the present applicants are innocent person and have been falsely implicated in the present case. He submits that no case is made out against the applicants, as the allegations made by the complainant do not disclose the essential ingredients constituting the o>ences punishable under Sections 296, 351(2), 109, and 3(5) of the Bharatiya Nyaya Sanhita, 2023, since the applicants have not caused any injury to the victim with an intent to commit his murder. He submits that here was only a minor dispute which has been exaggerated by the complainant into an o>ence of a serious nature. He submits that the the applicants have been implicated in the present case solely because they are the brothers of the main accused, Yugal Kishore, and used to associate and move around together. The alleged weapon has not been seized from the possession of the 3 applicants, and they have been falsely implicated by the police. The applicants have not caused any grievous injury to the victim, and the medical documents do not support the case of the prosecution. He also submits that the present applicants have no criminal antecedents and they are in jail since 24.06.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that the charge-sheet has already been 9led before the competent Court in the present case. He further submits that the applicants, along with other co-accused persons, assaulted the injured with wooden sticks and an axe, causing grievous injuries. Therefore, the applicants are not entitled to the grant of regular bail in the present case. 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 o>ence, and upon perusal of the case diary as well as order of trial Court, it transpires that the applicants, along with the co-accused, are alleged to have assaulted the injured with a hard and blunt object and an axe, and the injuries were caused by both weapons. However, while rejecting the bail application of the present applicants, the concerned trial Court observed that the axe was recovered from their possession, whereas, as per the seizure memo, a danda was recovered from the possession of the present applicants, and an axe was recovered from the possession of the co-accused, namely, Yugal Kishore. Moreover, the fact that the charge-sheet has already been 9led, the applicants have no criminal antecedents, and they have been in jail since 24.06.2025, and the conclusion of the trial is likely to take some time, I am of the opinion 4 that the applicants are entitled to be released on bail in this case. 7. Let applicants, Sunil Kumar Chandra and Shashi Kishor Chandra, involved in Crime No. 139 of 2025 registered at Police Station : Malkharauda, District – Janjgir-Champa (Now Dist. Sakti) (C.G.) for the o>ences punishable under Sections 296, 351(2), 109, 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall 9le an undertaking to the e>ect that they shall not seek any adjournment on the dates 9xed 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 9xed, either personally or through their counsel. In case of their absence, without suEcient 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 9xed 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 5 the trial court on the dates 9xed 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 suEcient 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. OEce is directed to send a certi9ed copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek