1 2026:CGHC:21022 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3244 of 2026 Kavi Kumar Manhare S/o Manuram Manhare Aged About 25 Years R/o Village Sonbarsa P.S. Bhatapara Gramin Baloda Bazar, Distt. Baloda Bazar Bhatapara, Chhattisgarh. --- Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Suhela, Distt. Baloda Bazar Bhatapara, Chhattisgarh. --- Non-Applicant MCRC No. 3482 of 2026 Gaukaran Grithlahre @ Raja S/o Kejauram Grithlahre Aged About 36 Years R/o Village Jaraunda P.S Bhatapara Gramin Baloda-Bazar Distt. Baloda-Bazar Bahatapara C.G. ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Suhela, District- Distt Baloda-Bazar Bahatapara C.G. --- Non-Applicant For Applicant (MCRC No. 3244/2026) : Mr. Vijay Shankar Mishra, Advocate. For Applicant (MCRC No. 3482/2026) : Mr. Harpreet Singh Ahluwalia, Advocate. For Non-Applicant/State : Mr. Shubham Bajpai, Panel Lawyer. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.06 12:57:17 +0530 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.05.2026 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail to the applicants who has been arrested in connection with Crime No. 404/2025 registered at Police Station – Suhela, District - Balodabazar-Bahatapara (C.G.) for the offence punishable under Sections 296, 351(3), 127(2), 109(1), 115(2), 324(4), 191(2), 191(3) and 190 of Bharatiya Nyaya Sanhita, 2023. 3. Case of the prosecution, in brief, is that, the complainant Vivekanand Verma lodged an oral report at Police Station Suhela stating that he works as a contractor. On 13.12.2025 at about 8:30 PM, while he was present in his office along with Balram Dhruw and Sant Ram, he received a call from his brother-in-law Sourabh Kashyap, who informed him that he, along with his friends Rajendra Verma and Angad Sahu, had gone to the liquor shop at Hirmi. It is alleged that during the purchase of liquor, a dispute arose regarding overpricing, upon which the employees of the liquor shop, namely Kavi Manhare, Rajendra Kurre @ Sonu, Badri Chelak, and others, abused them in filthy language, threatened them with dire consequences, assaulted them, and caused damage to a Swift vehicle bearing registration No. CG-04 PM 6860. Upon receiving the information, the complainant proceeded to Hirmi Liquor Shop in his Scorpio vehicle bearing No. CG-04 PQ 7770, along with driver Sivesh 3 Carpenter, Sant Ram Sirmaur, and Balram Dhruw. On reaching there and not finding his brother-in-law, he inquired with the salesman present at the counter, who allegedly took him inside the shop and closed the door. Thereafter, it is alleged that the above-named persons, along with others, abused the complainant and assaulted him with wooden sticks and iron rods on his head and other parts of the body, causing injuries. It is further alleged that they dragged him outside the shop and again assaulted him with hands, wooden sticks, and iron rods. 4. On witnessing the incident, Sant Ram Sirmaur and Balram Dhruw managed to escape, while Sivesh Carpenter was caught and also assaulted. The accused persons further caused damage to the complainant’s Scorpio vehicle and thereafter fled from the spot, leaving the injured persons behind. Subsequently, the complainant was taken to Mission Hospital, Tilda, for treatment, from where he was referred to a higher medical center at Raipur and admitted to Ramkrishna Hospital, Raipur. He sustained injuries on his head, back, abdominal region, right shoulder, left hand, and both legs. It is also alleged that his wristwatch, gold ring, and gold chain were lost during the incident. On the basis of the said report, an offence was registered against the accused persons, and after completion of investigation, a charge sheet has been filed. 5. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. It is further submitted that the incident took place on 13.12.2025, whereas the FIR was registered on 24.12.2025, and there is no satisfactory explanation for the delay in lodging the FIR. Counsel further submits that there are four injured persons, out of whom three sustained simple injuries, while the complainant sustained a grievous injury, which, as per the doctor, was caused by a sharp object. It is also submitted that one of the 4 co-accused, namely Ishwar Kurre, has been granted bail by this Court vide order dated 23.03.2026 passed in MCRC No. 2717/2026. Further, the applicants have no previous criminal antecedents. The charge-sheet has already been filed, and the applicants are in custody since 27.01.2026 and 10.02.2026, respectively. Therefore, it is prayed that the applicants be enlarged on bail. 6. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed. 7. I have heard learned counsel appearing for the parties and perused the document available on record. 8. Considering the submissions advanced by learned counsel for the applicants and the material available on record, it appears that there is a delay in lodging of the FIR, which has not been satisfactorily explained, it is also noted that out of four injured persons, three have sustained simple injuries, and the grievous injury alleged to have been caused by a sharp object is attributed generally, further, one of the co-accused, namely Ishwar Kurre, has already been granted bail by this Court, the applicants have no criminal antecedents, the charge-sheet has been filed, and they are in custody since 27.01.2026 and 10.02.2026 respectively, in these circumstances, this Court is of the view that the applicants have made out a case for grant of bail. 9. Accordingly, the bail application is allowed. 9. Accordingly, the bail application is allowed. Let the Applicant - Kavi Kumar Manhare (MCRC No. 3244 of 2026) and Gaukaran Grithlahre @ Raja (MCRC No.3482 of 2026) involved in Crime No. 404/2025 registered at Police Station – Suhela, District - Balodabazar-Bahatapara (C.G.) for the offence punishable under Sections 296, 351(3), 127(2), 5 109(1), 115(2), 324(4), 191(2), 191(3) and 190 of Bharatiya Nyaya Sanhita, 2023, 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 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 applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants 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 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 6 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. 10. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti