1 2025:CGHC:57013 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9502 of 2025 Pradeep Kurre S/o Kailash Kurre Aged About 30 Years R/o Village Piparchedi, Psot Bothli, P.S. Arjuni, Tehsil And District Dhamtari (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Arjuni District Dhamtari (C.G.) ... Non-applicant For Applicant : Mr. Prasoon Agrawal, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24.11.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 60/2025 registered at Police Station : Arjuni, District – Dhamtari (C.G.) for the offence punishable under Sections 296, 117(1), 351(2), 190, 191(1), 117(2), 118(2), of the Bhartiya Nyaya Sanhita, 2023. 2. As per the case of the prosecution, on 25.04.2025 at around 8:00 PM, while the complainant was sitting in the veranda of his house, the applicant, along with the other co-accused persons, came there and ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.25 11:28:34 +0530 2 started shouting and abusing in front of the complainant’s house. When the complainant and his family members came outside, they saw that the applicant, along with the co-accused persons, was arguing with Purnima, who is a family member of the complainant. When the complainant and his family members attempted to stop the accused persons, the accused persons started abusing and shouting even more. Thereafter, co- accused Pradeep assaulted Dhaneshwar Joshi with a rod. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the present case. He submits that Crime No. 61/2025 under Sections 296, 117(1), 351(2), 190 and 191(1) of the Bharatiya Nyaya Sanhita, 2023, has been registered against the complainant at the instance of one of the co-accused persons in the present crime. He submits that the co-accused persons have been granted bail by this Hon’ble Court in M.Cr.C. No. 8526/2025 and M.Cr.C. No. 7627/2025 vide order dated 28.10.2025. He further submits that one of the co-accused persons in the present matter had sustained a fracture on his head and was admitted in the hospital for a period of 3 days. The said injury was sustained by co-accused Niteshwar Kurre during the scufÒe that took place between both groups. It is pertinent to mention that a counter FIR has been lodged by the co-accused against the complainant and his family members, in which the police authorities have mentioned only bailable offences, and till date, no challan has been filed in the said matter. The co-accused, namely Kailash Kurre, has also written a letter dated 04.11.2025 to the Superintendent of Police, Dhamtari, regarding the inaction on the part of the police authorities in relation to Crime No. 61/2025, registered on 26.04.2025 under Sections 296, 117(1), 351(2), 190, and 191(1) of the Bharatiya Nyaya Sanhita, 2023. He also submits that the present applicant has no criminal 3 antecedents and he is in jail since 21.08.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted before the competent Court. It is further submitted that the present applicant, along with other co-accused persons, assaulted the complainant and six other individuals, as a result of which one of the injured, namely Dhaneshwar Joshi, sustained a grievous head injury, allegedly caused by the present applicant with an iron rod. Therefore, the applicant is 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 circumstance of the case, nature and gravity of offence and further the fact that there is cross reports of the incidents and both sides have received injuries, further the applicant has no criminal antecedents, the charge-sheet has already been submitted before the competent Court in the present case, the applicant is in jail since 21.08.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Pradeep Kurre involved in Crime No. 60/2025 registered at Police Station : Arjuni, District – Dhamtari (C.G.) for the offence punishable under Sections 296, 117(1), 351(2), 190, 191(1), 117(2), 118(2), of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (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 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 sufÏcient cause, the trial court may proceed against his 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 his, 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 sufÏcient 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. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek