1 2026:CGHC:6873 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 589 of 2026 1 - Munna Prasad S/o Mansaram Aged About 31 Years R/o Village Sendri Dafai, P.S. Kusmunda, District Korba, Chhattisgarh. 2 - Kailash Sahu S/o Chandram Sahu Aged About 40 Years R/o Village Dharampur, P.S. Kusmunda, District Korba, Chhattisgarh. --- Applicant(s) versus State Of Chhattisgarh Through S.H.O. Police Station Kusmunda, District Korba, Chhattisgarh. --- Non-applicant(s) For Applicant : Ms. Mahima Tandan, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. MCRC No. 599 of 2026 1- Sanjay Singh S/o Duje Ram Aged About 37 Years (Wrongly Mentioned As Vijay Ram), R/o Gevra Basti, Police Station- Kusmunda, District- Korba (C.G.) 2 - Rajnikant S/o Late Bappi Lahri Aged About 33 Years R/o Gevra Basti, Police Station- Kusmunda, District- Korba (C.G.) ---Applicant(s) Versus State Of Chhattisgarh Through- Station House OfÏcer, Police Station - Kusmunda, District- Korba (C.G.) ---- Non-applicant(s) KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 For Applicant : Mr. Aditya Khare, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/02/2026 1. Since the above two bail applications are arising out of same crime number and same offence so they are being heard and decided by this common order. 2. The applicants have preferred this First Bail Application under Section 483 of BNSS for grant of regular bail, as they have been arrested in connection with Crime No.362/2025, registered at Police Station Kusmunda, District: Korba (C.G.) for the offence punishable under Sections 333, 269, 115(2), 127(1), 351(2), 191(1) of BNS. 3. Case of the prosecution, in brief, is that from the perusal of the case diary presented in the case, it is reflected that on 06.12.2025 the complainant appeared at the police station and lodged a written report stating that M/s Neelkanth Infra Mining Limited, which is carrying out OB excavation along with coal production work in the Kusmunda Project as per the work order given by SECL management and on 06.12.2025 at about 07:20 AM, along with Kailash Sahu and Govinda Sarathi, about 50–60 persons associated with the Chhattisgarhi Kranti Sena organization forcibly entered the Neelkanth camp together. As soon as they entered the camp, they first abused the security personnel deployed at the main 3 security gate in filthy language, asked them to open the gate and threatened to beat them if the gate was not opened. They forcibly climbed over the gate, entered inside and opened the gate by force and by pushing the security guard deployed there, started moving ahead. When the security personnel tried to stop them, they were threatened with death. Thereafter, all the miscreants/accused persons entered the driver room and supervisor room constructed in the camp and while beating the employees present inside, used threatening and abusive language. They said, “they are persons from other states, they have no right to come here and work. Do not work here. Run away to their own state, otherwise they will kill each. Leave the camp and run away,” and by standing there, abused the employees and drove them away. Due to their violent acts, heavy panic spread among the employees working there and several employees, in the number of 5–10, were seriously injured and fled from the camp. This incident poses a threat to the life and property of the company and employees. On the basis of the report, the offence was registered and taken up for investigation. During the course of investigation, finding that the applicants along with co-accused persons committed the offences under the said sections, they were formally arrested in the case on 08.12.2025. 4. Learned counsel for the applicants submit that all the applicants are innocent and have been falsely implicated in the present case, as they were not present at the alleged scene of crime and have not played any role in the commission of any offence. It is submitted 4 that, with an intention to falsely implicate the applicants, the prosecution has registered three separate FIRs in respect of the same incident against Munna and Kailash. The applicants are members of a social organization working to raise awareness about rights and to fight against discrimination in society and they were peacefully protesting outside the Neelkanth Company seeking employment for local villagers. Prior intimation regarding the protest had been given in writing to the concerned authorities, copies of which are annexed as Annexure A/3. It is further submitted that the applicants neither entered the premises of Neelkanth Company nor abused or assaulted any employee and no incriminating or clinching material has been recovered from their possession. It is also submitted that out of a total of 31 accused persons in the case, 26 persons were released from the police station on muchalka, whereas only 5 persons, including the present applicants, have been arrested, which clearly shows false implication. Accordingly, they prays for grant of bail. 5. Learned State Counsel opposes the bail application and submits that the allegations against the accused persons are grave and serious in nature. It is submitted that on 06.12.2025, about 50–60 persons associated with Chhattisgarhi Kranti Sena, along with the named accused, forcibly entered the Neelkanth Infra Mining camp, abused the security staff in filthy language, criminally intimidated them with threats to kill, forcibly opened the main gate and trespassed into the camp premises. Thereafter, they entered the driver and supervisor rooms assaulted the employees present, 5 used abusive language, threatened workers from outside the State to leave or face death and created violent disturbance, due to which several employees sustained simple injuries and panic spread in the camp, posing a threat to life and property. During investigation, the accused persons were found involved in the said offences and were arrested on 08.12.2025. It is further submitted that the accused persons have criminal antecedents, as reflected from the case diary. Accused Govinda Sarathi, Kailash Sahu, and Munna Prasad are also involved in other cases registered at Police Station Kusmunda, in Crime No. 365/2025 and 366/2025 under various provisions of the BNS, and accused Govinda Sarathi is further involved in Crime No. 181/2025 under several serious sections of the BNS as well as Crime No. 136/2024 under Sections 147, 294, and 323 IPC. The matter is still under investigation; hence, considering the gravity of the offence, unlawful assembly, violence, threats to life, and their criminal antecedents, the accused persons are not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, this Court finds that although allegations have been made against the applicants regarding unlawful assembly, trespass and assault, it is also evident that out of 31 accused persons, 26 were released from the police station on muchalka and only the present applicants along with one other accused were arrested pursuant to the FIR. The charge-sheet has already been filed before the competent 6 Court, therefore, further custodial interrogation of the applicants is not required. So far as the criminal antecedents of the applicants are concerned, the same have been considered and also taking into account the period of detention of the applicants, the nature of allegations and the overall circumstances of the case, this Court is of the view that the present applicants are entitled to be released on bail. 8. Accordingly, the bail application of the applicants are allowed. 9. Let the Applicants- Munna Prasad, Kailash Sahu, Sanjay Singh and Rajnikant, involved in Crime No.362/2025, registered at Police Station Kusmunda, District: Korba (C.G.) for the offence punishable under Sections 333, 269, 115(2), 127(1), 351(2), 191(1) of BNS, be released on bail on their 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 they 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 their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 7 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, 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 applicants are deliberated or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 10. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Kunal