1 2026:CGHC:19310 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3735 of 2026 Gulshan Sen S/o Hulas Kumar Sen Aged About 26 Years (As Per Arrest Memo) (Wrongly Mentioned As 58 Years) R/o Kokadi Tehsil and District- Durg Chhattisgarh, ... Applicant versus State of Chhattisgarh Through S.H.O. Police Station - Utai District- Durg (C.G.) ... Non-Applicant For Applicant : Mr. B.P. Singh, Advocate. For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.04/2026, registered at Police Station – Utai, District - Durg (C.G.) for the offence punishable under Sections 109, 296, 115(2), 351(3), 3(5), 191(2), 191(3), 324(1) and 112 of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 03/01/2026, the complainant, Tikam Sahu, along with Vedprakash, went to attend a Jasgeet programme in Village Kokri on a Pulsar N160 motorcycle. While returning on 04/01/2026 at around 12:30 PM, they reached near a 2 sugarcane field where an accident had taken place. The complainant inquired about the situation from the gathered crowd, who informed him that the accused persons had caused the said accident. Thereafter, the accused assaulted them using an iron pipe and a club, as well as by hand and fist. As a result, Vedprakash sustained injuries on his left hand, both legs, thigh, neck, and head. Thus, the accused persons have committed the offence. 3. It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits that there are as many as ten accused persons in the case. It is contended that the name of the applicant is not mentioned in the FIR and, therefore, no direct or indirect role is attributed to him. It is further submitted that the allegations of assault are specifically against co-accused Jitendra Hirwani and Kundan, who are stated to have assaulted the injured and the complainant. Learned counsel further submits that nothing incriminating has been seized from the applicant. As per the memorandum, the only allegation against the applicant is that he used hands and fists, however, no such injuries are found on the body of the injured which could be attributed to such assault. It is also submitted that the injuries sustained by the injured persons are not on vital parts of the body, and there is no specific allegation that the applicant caused any injury to them. It is further submitted that the applicant has no previous criminal antecedents. The charge-sheet has already been filed in the matter, and the applicant has been in judicial custody since 05.01.2026. As the trial is likely to take a considerable time to conclude, it is prayed that the applicant be enlarged on bail. 4. On the other hand, the learned State counsel opposed the bail 3 application and submitted that the charge-sheet has been filed. He further submits that, as per the statement of the injured, it was the present applicant along with other co-accused persons who assaulted him using hands, fists, and a blunt object. One of the injured persons, Ved Prakash, sustained injuries on his head, which were found to be grievous in nature. The CT scan report also indicates a head injury, and the query report confirms the injuries to be grievous. It is further submitted that the bail application of the co-accused, Digendra Sahu, has already been rejected by this Hon’ble Court vide order dated 08.04.2026 passed in MCRC No. 3160/2026. Therefore, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that as per the statement of the injured, it was the present applicant along with other co-accused persons who assaulted him using hands, fists, and a blunt object, one of the injured persons, Ved Prakash, sustained injuries on his head, which were found to be grievous in nature, as per the CT scan report also indicates a head injury, and the query report confirms the injuries to be grievous, further considering the fact that the bail application of the co-accused, Digendra Sahu, has already been rejected by this Hon’ble Court vide order dated 08.04.2026 passed in MCRC No. 3160/2026, this Court is not inclined to grant regular bail to the applicant. 7. Accordingly, the bail application of the applicant - Gulshan Sen involved in Crime No.04/2026, registered at Police Station – Utai, District - Durg (C.G.) for the offence punishable under Sections 109, 296, 115(2), 351(3), 3(5), 191(2), 191(3), 324(1) and 112 of Bharatiya Nyaya Sanhita, 4 2023, is rejected at this stage. 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti