1 2025:CGHC:7739 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1249 of 2025 1 - Jaideep Pandey S/o Jagdish Pandey Aged About 30 Years R/o Ward No. 2 Nagar Panchayat Road P.S. And Teh. Bilaigarh District- Sarangarh Bilaigarh (C.G.) 2 - Pramod Dewangan @ Sonu S/o Kanhaiya Lal Dewangan Aged About 23 Years R/o Dharashiv Road Bilaigarh P.S. And Teh. Bilaigarh District - Sarangarh - Bilaigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The SHO Bilaigarh District - Sarangarh Bilaigarh (C.G.) ... Non-Applicant(s) For Applicant(s) : Ms. Sharmila Singhai, Senior Advocate assisted by Ms. Kanchan Karwani, Advocates. For Non-Applicant(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.02.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as they have been arrested in connection with Crime No. 129/2024, registered at Police AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Station Bilaigarh District - Sarangarh Bilaigarh (CG) for the offence punishable under Sections 147, 148, 149, 294, 307, 341, 506 and 325 of IPC. 2. The prosecution story in brief, is that on 26.04.2024 at around 12:30 am, a group of people, including the applicants and other co-accused, allegedly assaulted Gajendra Dewangan, Ramnarayan Dewangan, and Rakesh Dewangan with belts, stones, and sticks, causing them various injuries, due to which, they suffered severe injuries. Specifically, Ramnarayan has reportedly suffered a Subdural Hemorrhage, a serious brain injury, while Ramesh Dewangan has sustained injuries to his occipital region, chest, arm, and shoulder, including a broken central incisor tooth, and has also experienced bleeding from his nose and vomiting. Similarly, the complainant Gajendra Dewangan received injuries on his cheek, elbow, shoulder, and parietal region, as well as bleeding from his nose, mouth, and ear, and has vomited three times, later on they dumped the injured persons in a drain, thereafter, the offence has been registered against the applicants. 3. Learned Senior Advocate appearing for the applicants submits that the applicants are innocent and have been falsely implicated in this case. She further submits that though the charge-sheet was submitted against the applicants as an absconder, but the Police did not tried to arrest them for alleged offence. She also 3 submits that there were 14 accused persons including the applicants involved in present case and besides present applicants all the other co-accused persons have been acquitted by learned trial Court vide order dated 30.09.2024 in S.T. No.37/2024. She later submits that as far as merits of the case is concerned, no role has been assigned to the applicants for causing injuries to the said three injured persons. The applicants are in jail since 28.01.2025 and the trial is likely to take some time for its conclusion. Therefore, she 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 before the competent Court. He further submits that applicants alongwith other co-accused persons had assaulted three injured persons, namely, Gajendra Dewangan, Ramnarayan Dewangan, and Rakesh Dewangan with belts, stones, and sticks, causing them various injuries, due to which, they suffered severe injuries on their persons, specifically, Ramnarayan has reportedly suffered a subdural hemorrhage, a serious brain injury, while Ramesh Dewangan has sustained injuries to his occipital region, chest, arm, and shoulder, including a broken central incisor tooth, and has also experienced bleeding from his nose and vomiting. Similarly, the complainant Gajendra Dewangan received injuries on his cheek, elbow, shoulder, and parietal region, as well as bleeding from his nose, mouth, and ear, and has vomited three 4 times, later on they dumped the injured persons in a drain. He also submits that the involvement of applicants came into light during the course of investigation from the memorandum statement of the co-accused persons, the other co-accused persons were charge-sheeted. So far as the present applicants are concerned, charge-sheet was submitted against them as an absconder under Section 299 of Cr.P.C. and the trial of the applicants was thus separated from the co-accused, who have been acquitted, if the applicants are released on bail, there is every likelihood that they would abscond again, therefore, their bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of the offence, material available in the case dairy, further considering the injuries sustained by the injured persons, namely, Gajendra Dewangan, Ramnarayan Dewangan, and Rakesh Dewangan and that Ramnarayan has suffered a subdural hemorrhage, a serious brain injury, while Ramesh Dewangan has sustained injuries to his occipital region, chest, arm, and shoulder, including a broken central incisor tooth, and blood was also oozing from his nose, similarly, the complainant Gajendra Dewangan received injuries on his cheek, elbow, shoulder, and parietal region, as well as bleeding from his nose, mouth, and ear, 5 also considering the conduct of applicants that they were absconded, while other co-accused persons were charge- sheeted, charge-sheet was submitted against them as an absconder under Section 299 of Cr.P.C. and the trial of the applicants was thus separated from the co-accused, who have been acquitted and if the applicants are released on bail, there is every likelihood that they would abscond again, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. Accordingly, the bail application of applicants- Jaideep Pandey and Pramod Dewangan @ Sonu, involved in Crime No. 129/2024, registered at Police Station Bilaigarh District - Sarangarh Bilaigarh (CG) for the offence punishable under Sections 147, 148, 149, 294, 307, 341, 506 and 325 of IPC, is rejected. 7. After passing of the order, learned counsel for the applicants submit that the trial may be expedited. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil