1 2025:CGHC:56328 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9304 of 2025 1 - Durgesh @ Bundeshwar Sahu S/o Santram Sahu Aged About 19 Years R/o Gram Sursabandha, P.S. Rajim, Distt. Gariaband C.G. 2 - Naresh Sahu S/o Santosh Sahu Aged About 24 Years R/o Gram Sursabandha, P.S. Rajim, Distt. Gariaband C.G. ... Applicant(s) versus State Of Chhattisgarh Through Police Station Rajim, District Gariaband C.G. ... Respondent(s) For Applicant(s) : Mr. Pragalbha Sharma, Advocate. For Respondent(s) : Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/11/2025 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 applicants who have been arrested in connection with Crime No. 227/2025 registered at Police Station Rajim, District Gariaband (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 296, 115(2), 351(3), 109 r/w 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 26.07.2025 at about 9:30 PM, the accused persons Durgesh Sahu, Naresh Sahu, Raghu Sahu and Santram Sahu abused the complainant with obscene language, chased him, and damaged his motorcycle. The complainant lodged a report at Police Station Rajim on 27.07.2025 and was returning to his village Surasabandha at about 1:30 AM, accompanied by his uncle Harishankar, brother Gautam and cousin Karan Sahu. It is alleged that at Surasabandha bus stand, the accused persons Durgesh Sahu, Naresh Sahu, Heera Bai Sahu and Godavari Sahu again confronted him, abused him for lodging a report, threatened to kill him, and assaulted him with stones, glass bottles and iron rods. The complainant suffered injuries near his head and left ear, and his uncle Harishankar sustained a serious head injury for which he was admitted to DKS Hospital, Raipur. On the basis of the report, Crime No. 227/2025 was registered at Police Station Rajim under Sections 296, 115(2), 351(3), 109 and 3(5) of the BNS, followed by investigation and filing of the charge-sheet. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that there are cross reports of the incident and both the sides have received 3 injuries, the true facts of the case are that the complainant and the applicants are neighbours and have a long-standing land dispute, with several prior incidents and written settlements between them. Applicant No. 1 had already lodged a complaint at Police Station Rajim regarding unknown persons causing nuisance and damaging his under-construction house. On 26.07.2025, while he and his brother were guarding the premises at about 1:30 AM, some persons again attempted to damage the property, but fled when they were confronted. Thereafter, while the applicants and their family members were on their way to the police station to report the incident, they were intercepted near the bus stand by the complainant’s family, who turned out to be the persons involved in the attempted trespass, leading to a scuffle between both sides. This incident was also reported to the police and was registered as Crime No. 228/2025. he also submits that though the applicants allegedly assaulted the complainant with stones, glass bottles and iron rods, due to which the complainant suffered injuries near his head and left ear, and his uncle Harishankar sustained a head injury for which he was admitted to DKS Hospital, Raipur, but as per CT Scan head, no internal damage has been caused to him, so far as other co-accused persons are concerned, co-accused, namely, Hirabai Sahu and Godavari Sahu have already been granted bail by this Court vide common order dated 14.10.2025 in MCRC No.8183 of 2025. The applicants are in jail since 28.07.2025, the applicants have no criminal 4 antecedents, 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 applicants. 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 applicants, along with co-accused persons, is alleged to have abused, threatened, and assaulted the complainant, and caused injuries to him and his uncle, after damaging his motorcycle, due to which, the complainant suffered injuries near his head and left ear, and his uncle Harishankar sustained a serious head injury for which he was admitted to DKS Hospital, Raipur, therefore, the applicants are 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 applicants since 28.07.2025, the fact that though the applicants allegedly assaulted the complainant with stones, glass bottles and iron rods, due to which the complainant suffered injuries near his head and left ear, and his uncle Harishankar sustained a head injury for which he was admitted to DKS Hospital, Raipur, but considering the fact that as per CT Scan head, no internal damage has been caused to him and the applicants have no criminal antecedents, 5 charge-sheet has been filed and this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicants-Durgesh @ Bundeshwar Sahu and Naresh Sahu, involved in Crime No. 227/2025 registered at Police Station Rajim, District Gariaband (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 109 r/w 3(5) of BNS, be released on bail on his furnishing a personal bond with two sureties each 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 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 fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the 6 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 applicants are 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 them 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