1 2025:CGHC:5428 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8729 of 2025 Chhatu Ram S/o Ramu Ram Aged About 56 Years R/o Village Khuntatanger, Sanna, Police Station- Sanna, District Jashpur C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Sanna, District Jashpur C.G. ... Respondent(s) For Applicant(s) : Mr. Jitendra Kumar Saxena, Advocate. For Respondent(s) : Mr. Swajeet Ubeja, 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 applicant who has been arrested in connection with Crime No. 51/2025 registered at Police Station Sanna, District Jashpur (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 333, 109(1), 332(b) & 3(5) of BNS. 2 2. Case of the prosecution, in brief, is that on 30.04.2025 at about 11:00 P.M., at village Sanna Khuntatangar, Police Station Sanna, District Jashpur (C.G.), the applicant/accused Chhattu Ram, along with co-accused Adhnu Ram and Shyamnath Ram, allegedly came outside the house of the complainant Urmila Bai and abused her and her family members in filthy language referring to their mother and sister. The accused persons also threatened to kill them with an intent to cause criminal intimidation. It is alleged that the applicant/accused and others entered the complainant’s house with the intention to commit assault, thereby committing criminal trespass. During the incident, co-accused Adhnu Ram allegedly struck Phoolmat Bai (mother of the complainant) on her head with an iron spade (fawda), causing grievous injuries with the intention to cause her death. On the basis of the written complaint of Urmila Bai, Crime No. 51/2025 was registered at Police Station Sanna under relevant sections of the IPC. During investigation, the accused persons were interrogated, their memorandum statements were recorded, and on their disclosure, the iron axe and iron spade used in the offence were seized. The medical examination of Phoolmat Bai confirmed head injuries caused by a hard and blunt object. The accused persons attempted to murder Phoolmat Bai by inflicting injuries on a vital part of her body. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that admittedly as per prosecution 3 case there were three accused persons including the present applicant involved in the case, but it was the co-accused, Aghanu who assaulted the injured, who is 60 year old women with an iron spade (fawda) on her head, causing fracture in the parietal region of the injured, whereas the present applicant had only caught hold of the injured. The applicant is in jail since 17.08.2025, the applicant has no criminal antecedent, 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. He further submits that the applicant along with co- accused persons Aghanu Ram and Shyamnath Ram went to the house of the complainant Urmila Bai, abused and threatened her and her family members, entered their house unlawfully, and in furtherance of common intention, participated in the incident during which co-accused Adhnu Ram assaulted Phoolmat Bai (mother of the complainant) on her head with an iron spade (fawda), causing grievous injuries with intent to kill. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 17.08.2025, the fact that thought the applicant alongwith other 4 co-accused persons allegedly entered into the house of the complainant unlawfully, and in furtherance of common intention assaulted Phoolmat Bai (mother of the complainant) on her head with an iron spade (fawda), causing grievous injuries with intent to kill her and as per NCT head, the injured sustained (i) midline frontal comminuted depressed fracture with underlying extradural hematoma (EDH), (ii) left fronto-temporo-parietal region Acute subdural hematoma (SDH) with contusion and right clavicle fracture, but considering the fact that the said injury has been attributed to the co-accused, Aghanu, who assaulted the injured with iron spade (fawda), whereas present applicant had only caught hold of the injured, hence, the case of present applicant is distinguishable from that of the aforementioned co-accused, further considering the fact that 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. Accordingly, the application is allowed. 8. Let the Applicant-Chhatu Ram, involved in Crime No. 51/2025 registered at Police Station Sanna, District Jashpur (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 333, 109(1), 332(b) & 3(5) of BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in 5 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails 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 applicant 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 him 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