1 2026:CGHC:17950 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3498 of 2026 Tikam Chandra Sahu S/o Baldau Ram Sahu Aged About 34 Years R/o Village Kokadi, Basti Para Police Station Utai Tehsil And District Durg Chhattisgarh (Details Of Other Co-Accused Persons Wrongly Mentioned In The Covering Memo Of The Impugned Order) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Utai, Tehsil And District Durg Chhattisgarh (Wrongly Mentioned As Police Station Chawani In The Cause Title Of Impugned Order) ... Respondent(s) For Applicant(s) : Mr. Prasoon Agrawal, Advocate. For Respondent(s) : Mr. Saumya Rai, Deputy Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 04/2026, registered at Police Station Utai, Tehsil And District Durg (CG) for the offence punishable under Sections 109, 296, 115(2), 351(3), 3(5) , 191(2), 191(3), 324(1), 112 of BNS. 2. The prosecution story in brief, is that on 03.01.2026 at about 10:00 PM, the complainant, Tikam Sahu, along with Ved Prakash, went to village Kokdi on his motorcycle to attend a Jasgeet program. After the program, while returning at around 12:30 AM on 04.01.2026, when they reached near a sugarcane field, they noticed an accident and stopped to inquire about it. At that point, certain persons present there started abusing them and thereafter assaulted both the complainant and Ved Prakash with hands, fists, and iron/steel pipes, causing injuries on various parts of their bodies. The accused persons also damaged the complainant’s motorcycle. On the basis of the report lodged by the complainant, a case was registered at Police Station Utai, District Durg, bearing Crime No. 04/2026 for the offences under relevant provisions of the BNS, 2023. During investigation, statements were recorded and the accused persons, in their memorandum statements, admitted to assaulting the complainant and the injured with pipes and causing damage to the motorcycle. After completion of investigation, charge-sheet has been filed against the accused persons. Hence, the bail application. 3 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that the present applicant is neither the main accused nor has any specific overt act been attributed to him. He also submits that no weapon of assault has been seized from the possession of the present applicant. The implication of the applicant in the present offence is solely on the basis of the memorandum statement of the co-accused persons, which, by itself, is insufficient to establish his involvement. The applicant is in jail since 05.01.2026 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 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 the applicant allegedly in connivance with other co-accused persons, formed an unlawful assembly and, in furtherance of their common intention, assaulted the complainant, Tikam Sahu and injured Ved Prakash by using iron/steel pipes and fists, causing serious injuries to both, particularly grievous injuries to Ved Prakash who required hospitalization. It is further alleged that the applicant also participated in abusing the victims, creating fear in the locality, and damaging the complainant’s motorcycle. The prosecution case also reflects that the applicant admitted his involvement in the incident in his memorandum statement, thereby indicating his active participation in the offence of a 4 serious and violent nature. Furthermore, bail application of the co- accused, namely, Digendra Sahu has already been rejected by this Court vide order dated 08.04.2026 passed in MCRC No.3160 of 2026. 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. From perusal of the record, it prima-facie appears that the applicant, in connivance with other co-accused persons, is prima facie involved in forming an unlawful assembly and, in furtherance of their common intention, committing a violent assault upon the complainant Tikam Sahu and causing injuries to Ved Prakash by use of iron/steel pipes and fists, resulting in serious injuries, including grievous injuries to Ved Prakash necessitating hospitalization. The material available on record further indicates that the applicant not only participated in the assault but also in abusing the victims, creating an atmosphere of fear in the locality, and causing damage to the complainant’s motorcycle. The memorandum statement of the applicant also reflects his involvement in the incident, thereby prima-facie establishing his active participation in an offence of serious and violent nature. Moreover, bail application of the co-accused, namely, Digendra Sahu has already been rejected by this Court vide order dated 08.04.2026 passed in MCRC No.3160 of 2026, as such, without expressing any opinion on the merits of the case, this Court is of 5 the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant-Tikam Chandra Sahu, involved in Crime No. 04/2026, registered at Police Station Utai, Tehsil And District Durg (CG) for the offence punishable under Sections 109, 296, 115(2), 351(3), 3(5) , 191(2), 191(3), 324(1), 112 of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded 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