1 2026:CGHC:10764 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 225 of 2026 Ganesh Sarkar S/o Late Rampat Sarkar Aged About 34 Years R/o Village Tambeshwarnagar, P.S. Ramanujganj, District Balrampur- Ramanujganj Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer - Police Station - Ramanujganj, District Balrampur-Ramanujganj Chhattisgarh ... Respondent(s) For Applicant(s) : Ms. Mahima Chandra, Advocate. For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/03/2026 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. 145/2025 registered at Police Station Ramanujganj, District Balrampur-Ramanujganj (C.G.) for the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 offence punishable under Sections 296, 351(3), 115(2), 324(2), 109, 3(5) of BNS. 2. Case of the prosecution, in brief, is that on the date of the incident, the accused persons allegedly assaulted the injured Suranjan Sarkar by striking him on the head with a hammer with an intention to cause his death. It is stated that due to the said assault, Suranjan sustained grievous injuries and was initially treated locally and thereafter referred to Dr. Bhimrao Ambedkar Memorial Hospital (DKS Super Speciality Hospital), Raipur for advanced treatment. As per the CT Scan report, fracture injuries were found on the right parietal and temporal bones of his skull. Upon query, the Medical Officer of 100 Bedded Hospital, Ramanujganj opined that the said injuries were grievous in nature. The said incident led to the registration of alleged offence against the applicant and subsequently, the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. She further submits that the injury sustained by the injured are though grievous in nature, but the same are not dangerous to life. She also submits that co-accused, namely, Namita Sarka, who is wife of the applicant has already been granted bail by this Court vide order dated 15.12.2025 in MCRC No.10357 of 2025. The applicant is in jail since 11.10.2025, the applicant has one criminal antecedent of the year 2024 under the 3 BNS, further the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, she 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. She further submits that the applicant allegedly assaulted the injured by striking him on the head with a hammer, causing grievous injuries including fracture of the right parietal and temporal bones, and the applicant was admitted in Dr. Bhimrao Ambedkar Memorial Hospital (DKS Super Speciality Hospital), Raipur for advanced treatment, further the applicant has one criminal antecedent of the year 2024 under the BNS. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 11.10.2025, the fact that though the applicant allegedly assaulted the injured by striking him on the head with a hammer, causing grievous injuries including fracture of the right parietal and temporal bones, but considering the fact that the said injuries are not dangerous to life, so far as criminal antecedent of the applicant is concerned, the applicant has only one criminal antecedent, which is of the year 2024 under the BNS, further the 4 charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Ganesh Sarkar, involved in Crime No. 145/2025 registered at Police Station Ramanujganj, District Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 324(2), 109, 3(5) of BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant 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 applicant 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 applicant 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 5 accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant 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 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. 9. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial as expeditiously as possible preferably within a period of six months from the production of certified copy of this order, if there is no legal impediment. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal