Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:61079
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9033 of 2025 1 - Navin Ratre S/o Santosh Ratre Aged About 25 Years Applicant Belongs To Satnami Caste And R/o Village- Birgahni (B), P.S.- Baloda, District- Janjgir-Champa (C.G.) 2 - Raman Sande S/o Chandra Kumar Aged About 20 Years Applicant Belongs To Satnami Caste And R/o Village- Birgahni (B), P.S.- Baloda, District- Janjgir-Champa (C.G.) 3 - Karampal S/o Chandra Kumar Aged About 26 Years Applicant Belongs To Satnami Caste And R/o Village- Birgahni (B), P.S.- Baloda, District- Janjgir-Champa (C.G.) 4 - Ajit Patle S/o Lakshman Prasad Aged About 26 Years Applicant Belongs To Satnami Caste And R/o Village- Birgahni (B), P.S.- Baloda, District- Janjgir-Champa (C.G.) 5 - Satyendra Kumar S/o Jalbharat Aged About 19 Years Applicant Belongs To Satnami Caste And R/o Village- Birgahni (B), P.S.- Baloda, District- Janjgir-Champa (C.G.)
... Applicants versus State of Chhattisgarh Through The Station House OfÏcer of Police Station- Baloda, District- Janjgir- Champa (C.G.)
... Non-Applicant For Applicants : Mr. Sachin Nidhi, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
2 Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 15.12.2025
1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 325/2025, registered at Police Station : Baloda, District- Janjgir- Champa (C.G.) for the offence punishable under Sections 296, 115(2), 119(1), 351(2), 191(1), 191(2), and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that on 08.08.2025 an FIR was lodged by the police authorities alleging that the complainant, Bhagwati Prasad Rathore, was abused and assaulted by the present applicants when the complainant refused to give money to them for the consumption of alcohol. On the basis of the aforesaid allegations, an FIR has been registered against the present applicants for offences under Sections 296, 115(2), 119(1), 351(2), 191(2) and 3(5) of the Bharatiya Nyaya Sanhita (BNS) in connection with Crime No. 325/2025 at Police Station Baloda, District Janjgir-Champa (C.G.). 3. Learned counsels for the applicants submits that the applicants are innocent persons and have been falsely implicated in the aforesaid case and have not committed any offence, a false report has been lodged against the applicants.
He further submits that they have assaulted the injured with fists and hands, who has sustained injuries which is non vital part of the body. He further submits that
3 the injured person was received injuries simple in nature nor any in a grievous nature. He also submits that the applicants are in jail since 16.10.2025, the applicants have no criminal antecedents , the 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 appearing for the non- applicant/State opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that as per the case of the prosecution, on 08.08.2025 an FIR was lodged alleging that the present applicants abused and assaulted the complainant, Bhagwati Prasad Rathore, when he refused to give money to them for the consumption of alcohol. It is further submitted that the offences alleged are serious in nature and are supported by the material available on record. Therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel 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 16.10.2025, the fact that though all the applicants assaulted the injured, who has sustained injuries, but the injured person was received injuries simple in nature nor any in a grievous nature, the applicants have no previous criminal antecedents, and charge- sheet has been filed in the present case, this Court is of the view
4 that the applicants are entitled to be released on bail in this case. 7.
7. Let the Applicants – Navin Ratre, Raman Sande, Karampal, Ajit Patle and Satyendra Kumar, involved in Crime No. 325/2025, registered at Police Station : Baloda, District- Janjgir- Champa (C.G.) for the offence punishable under Sections 296, 115(2), 119(1), 351(2), 191(1), 191(2), and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 sufÏcient 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
5 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 applicants are 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 them in accordance with law. 8. OfÏce 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 Rahul Dewangan