1 2025:CGHC:49598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7440 of 2025 1 - Laikhan Nag S/o Jhitru Nag Aged About 36 Years Caste Dhurwa R/o Vill Chechalgur Thana Nangur Distt. Bastar C.G. 2 - Fulsingh Nag S/o Mongra Nag Aged About 37 Years Caste Dhurwa R/o Vill Chechalgur Thana Nangur Distt. Bastar C.G. 3 - Maniram Nag S/o Aaytu Ram Nag Aged About 25 Years Caste Dhurwa R/o Vill Chechalgur Thana Nangur Distt. Bastar C.G. 4 - Pardeshi Nag S/o Late Somariu Nag Aged About 46 Years Caste Dhurwa R/o Vill Chechalgur Thana Nangur Distt. Bastar C.G 5 - Baldev Nag S/o Sukhram Nag Aged About 36 Years Caste Dhurwa R/o Vill Chechalgur Thana Nangur Distt. Bastar C.G. ... Applicants versus State Of Chhattisgarh Through P.S.- Nangur Distt. Bastar C.G. ... Respondent For Applicants : Mr. Vikas A. Shrivastava, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 29.10.2025 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.28/2025 registered at Police Station – Nangur District - Bastar (C.G.), for the offences punishable under Sections 296,115(2), 351(2), VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.30 12:07:29 +0530 2 132, 121(1), 190 & 191(2) of the BNS. 2. As per the prosecution story, is that the complainant Shambhu Nath Mourya lodged an written report to PS Nangur that he is posted as field officer at Bade Kavali and upon the instruction of higher officers on 17/07/2025 and 19/07/2025 land water harvesting work (W.A.T.) has been done through JCB in the encroached area connected through Vill Chechlapur that thereafter on 23.07.2025 he along with the member of committee of wild life protection Potiyapal went for completing the rest work they found that the present applicant destroyed the work done by them earlier. In which he tried to stopped present applicants upon which present applicants beaten him upon That upon receiving such complaint FIR has been registered against present applicants and during the course of investigation present applicants were arrested. 3. Learned counsel for the applicants respectfully submits that the applicants are innocent and have no connection with the alleged crime whatsoever. It is submitted that applicants No. 1 and 2 have been in jail since 27.07.2025, and the other applicants since 28.07.2025, and if released on bail, they will not misuse the liberty granted by this Hon’ble Court. The allegations made by the prosecution are false, baseless, and without any nexus to the applicants. The applicants are poor agriculturists and rustic villagers who have been cultivating the same forest land for a long time, which serves as their only source of livelihood. Even if the prosecution story is taken at face value, there is nothing on record to show any intention on the part of the applicants to assault the complainant, and no seizure has been made from their 3 possession. It is further submitted that due to a land dispute, the complainant has falsely implicated the applicants in the present crime. The applicants are permanent residents of the address mentioned in the cause title, and there is no likelihood of their absconding or tampering with the prosecution evidence. They are ready and willing to furnish adequate surety and shall abide by all the directions and conditions that may be imposed by this Hon’ble Court. therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, the learned State counsel opposed the bail application of the present applicants and submitted that the charge sheet has not been filed. She further submits that the present applicants assaulted injured resulting in grievous injuries. Therefore, the present 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 as per the case diary, the injuries sustained by the injured are simple in nature. Moreover, since the charge-sheet has already been submitted before the competent Court, and applicants No. 1 and 2 have been in jail since 27.07.2025, while applicants No. 3 and 4 have been in jail since 28.07.2025, and as the conclusion of the trial may take some more time, this Court is of the considered view that the present applicants are entitled to be released on regular bail in this case. 7. Let the Applicants – Laikhan Nag, Fulsingh Nag, Maniram Nag, Pardeshi Nag & Baldev Nag, involved in Crime No.28/2025 4 registered at Police Station – Nangur District - Bastar (C.G.), for the offences punishable under Sections 296,115(2), 351(2), 132, 121(1), 190 & 191(2) of the BNS., 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 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 applicants misuse the liberty of bail during trial and in order to secure his 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 themselves 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