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2026 DAILYLAW 11007 (CHH)

DURGA BANJARE v. STATE OF CHHATTISGARH

MCRC/2606/2026 · 2026-03-24

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Judgment text

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1 2026:CGHC:14385 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2606 of 2026 Durga Banjare S/o Ferha Banjare Aged About 52 Years R/o Yadav Chowk, Satnami Locality, Sindhi Locality, P.S. Gondia City, Distt. Gondia, Maharashtra. ... Applicant versus State Of Chhattisgarh Through S.H.O. P.S. City Kotwali, Durg, Distt. Durg, Chhattisgarh. ... Respondent For Applicant : Shri Sudhanshu Kumar Singh, Advocate. For Respondent/State : Ms. Palak Dwivedi, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/03/2026 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 applicant who has been arrested in connection with Crime No.57/2026 registered at Police Station City Kotwali, District Durg, (C.G.) for the offence punishable under Sections 109, 296, 351(3) and 115(2) of the BNS, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.03.28 15:38:10 +0530 2 2. Case of the prosecution, in brief, is that due to a marital dispute with her husband Durga Banjare (Present Applicant), the complainant Gaindi Banjare went to reside at the house of her sister Santoshi Chandrakar at Milanpara, Dipra, Durg. On 27.01.2026, the accused Durga Banjare along with his nephew Dhanraj Kosre came from Godiya and stayed nearby at Kundrapara, Potiya Road, Durg. On 29.01.2026 at about 8:30 PM, the accused reached the house where the complainant was staying and started abusing her with obscene language while questioning her character regarding phone calls from her brother-in-law. When the complainant protested, the accused assaulted her, pulled her hair and attempted to strangulate her while threatening to kill her. When Dhanraj tried to intervene, the accused also threatened him and attacked him with a sharp object causing injuries on his chest, face and leg. On the basis of the report lodged by the complainant, Crime No. 57/2026 was registered at Police Station Kotwali, Durg under relevant provisions of the Bharatiya Nyaya Sanhita, the accused was arrested on 30.01.2026, and the investigation is presently ongoing. 3. It has been argued by learned counsel for the applicant that the injured Dhanraj intervened between the applicant and his wife as there was some matrimonial dispute and the applicant is said to have assaulted the injured Dhanraj with the knife. He would submit that charge sheet has been filed, applicant is in jail since 30/01/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application 3 and submitted that injured Dhanraj has received as many as 7 incised wound on his person and one abrasion, therefore the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the nature of allegation against the applicant that the applicant is said to have assaulted the injured Dhanraj with knife and injured has received as many as 7 incised wound on his person and one abrasion, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Durga Banjare involved in Crime No.57/2026 registered at Police Station City Kotwali, District Durg, (C.G.) for the offence punishable under Sections 109, 296, 351(3) and 115(2) of the BNS, 2023, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri