Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:54419
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1715 of 2025 1 - Dhiraj Kumar S/o Daras Sonwani Aged About 29 Years R/o Village Khamhariya, Police Station Bhatapara Gramin, District - Balodabazar-Bhatapara Chhattisgarh 2 - Suryaprakash Sonwani S/o Ramkumar Sonwani Aged About 26 Years R/o Village Khamhariya, Police Station Bhatapara Gramin, District - Balodabazar- Bhatapara Chhattisgarh 3 - Teksingh Sonwani S/o Daras Sonwani Aged About 35 Years R/o Village Khamhariya, Police Station Bhatapara Gramin, District - Balodabazar-Bhatapara Chhattisgarh (Details Of Applicant Properly Not Mentioned In The Impugned Order Sheet)
... Applicants Versus 1 - State Of Chhattisgarh Through The S H O - Bhatapara Gramin, District Balodabazar-Bhatapara Chhattisgarh
... Non-applicant For Applicants : Mr. Aman Tamrakar, Advocate For Non-applicant : Ms. Ankita Shukla, Panel Lawyer SB : Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 07/11/2025
1. The applicants have preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Bail, apprehending their arrest in connection with Crime No. 506/2025, registered at Police Station – Bhatapara (Gramin), District – Balodabazar-Bhatapara (C.G.) for
2 the alleged commission of offence punishable under Sections 296, 115 (2), 351 (2), 109 and 3 (5) of the Bhartiya Nyaya Sanhita, 2023.
2. The prosecution’s case in brief is such that, the complainant, runs a grocery shop in his village and on 04/08/2025 at 08:30 pm when he was closing his shop and cordoning off the front of the shop with a rope. At the same time, Tek Singh Sonwani (Applicant No. 3) came near his shop and started asking for some goods. The complainant stated that the shop has been closed and you can buy from another shop, but the accused Applicant No. 3 started abusing the complainant and threatened to kill him and assaulted the complainant. Subsequently, the Applicant No. 3 called the other applicants and they assaulted him with hands, fists and sticks. When, the wife of complainant namely, Mongarbai and her son Shiva Miri intervened, they were also assaulted. Due to the said assault, the complainant and his family members received severe injuries over his person and subsequently, lodged Crime No.506/2025 in concerned police station for an alleged offence punishable under Sections 115(2), 296, 3(5) and 351(2) of BNS, 2023.
3.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He submits that the applicants got complaint that the complainant is selling illegal liquor to small children of the village and due to which, they have also filed a complaint before the concerned police station and the Superintendent of Police. He submits that because of the complaint registered by the applicants, the complainant started quarreling and abusing the applicants and thereafter, due to the dispute arisen by the complainant, the alleged incident took place. He submits that the applicants have also registered complaint against the complainant bearing Crime No. 505/2025, P.S. Bhatapara (Gramin), however, the complainant with a mala fide intention has lodged the present applicants with a mala fide intention and without any basis. There is no specific
3 allegation against the applicants. Therefore, he prays for grant of bail to the applicants.
4. On the other hand, learned State counsel opposes the bail application of the present applicants and submits that there are specific allegations against the applicants of committing assault over the complainant and his family members. He submits as per the medical report of the complainant and his family members, the nature of injuries are stated to be grievous in nature. Therefore, the offence is prima facie made out against the applicants. Hence, they are not entitled for grant of bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the nature and gravity of the offence and material on record in the case diary, and the facts and circumstances of the case and the submission of the counsel for the parties particularly, the State Counsel that the injury sustained by the injured persons are grievous in nature, therefore, I am not inclined to grant bail to the applicants.
7. Accordingly, the bail application of the applicants – Dhiraj Kumar, Suryakumar Sonwani and Teksingh Sonwani, involved in Crime No. 506/2025, registered at Police Station – Bhatapara (Gramin), District – Balodabazar-Bhatapara (C.G.) for the alleged commission of offence punishable under Sections 296, 115 (2), 351 (2), 109 and 3 (5) of the Bharatiya Nyaya Sanhita, 2023, stands rejected. Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY