1 2026:CGHC:2044 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 192 of 2026 Khumid Sahu S/o Rajulal Sahu, Aged About 25 Years R/o Village Madhiyapar, Thana Bori, District Durg C.G. ... Applicant(s) versus State Of Chhattisgarh Through Police Station Bori, District Durg C.G. ... Non-applicant(s) For Applicant(s) : Mr. Uttam Pandey, Advocate For Non-applicant/State(s) : Ms. Anusha Naik, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.01.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 135/2025 registered at Police Station-Bori, District- Durg (C.G.), for the offence punishable under Sections 296, 351(1), 115(2), 3(5), 109 of BNS, 2023. 2. Case of the prosecution, in brief, is that as per the FIR, the complainant Tulsiram Sahu lodged a report at Police Station Bori, District Durg, stating that one Rajulal Sahu resides behind his house KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 and that a dispute was ongoing between them regarding the boundary of their respective lands. An application was submitted before the Tehsildar for demarcation of the land, pursuant to which Patwari Rajulal Deshmukh, along with Kotwar Rajudas, conducted the demarcation and thereafter left the spot. At the relevant time, the complainant’s son Deepak was standing near the house. Meanwhile, Rajulal Sahu, his son Dinesh Sahu, and Khumid Sahu arrived at the spot and stated that they did not accept the demarcation. They started hurling filthy abuses and, upon objection, began assaulting the complainant. With the intention to cause death, Dinesh Sahu assaulted the complainant on his head with a truncheon (danda), and the other son, Khumid Sahu, also assaulted him on his leg and back with a danda. As a result, the complainant started bleeding profusely and fell unconscious. The incident was witnessed by Vishakha Sahu, Dipika Sahu, Hemlal Sahu, and Ruplal Yadav, who intervened and rescued the complainant. The matter was reported at Police Station Bori at 7:24 PM, where it was registered as FIR No. 0135/2025 under Sections 296, 351(3), 115(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and subsequently Section 109 of the Bharatiya Nyaya Sanhita, 2023 was added. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that although the applicant and his brother are shown to be involved in the present crime, as per the FIR itself, the specific allegation against the co-accused brother, namely Dinesh, is that he 3 assaulted the injured on the head with a stick, whereas the role attributed to the present applicant is limited to causing injuries with a stick (danda) on the hand, leg, and back of the injured, which are not vital parts of the body. However, from perusal of the medical examination report of the injured reveals that only one lacerated wound on the right frontal region of the head was found, which belies the prosecution version insofar as the role of the present applicant is concerned and clearly distinguishes his case from that of the co-accused. It is further submitted that except for Section 109 of the Bharatiya Nyaya Sanhita, 2023, all other alleged offences are bailable, and even if the prosecution case is accepted at face value, the applicant cannot be held liable under Section 109 of the Bharatiya Nyaya Sanhita, 2023, in view of the nature of the injuries and the alleged role attributed to him. He further submits that the applicant voluntarily surrendered before Police Station Bori on 03.10.2025, which demonstrates his bona fides. It is also submitted that the charge-sheet has already been filed before the competent Court, the applicant has no criminal antecedents except the present case, and the trial is likely to take considerable time to conclude. It is further pointed out that the injured was admitted to Shri Shankaracharya Institute of Medical Sciences, Bhilai, on 03.10.2025 and was discharged on the same day against medical advice, and thereafter admitted to Ramkrishna Care Hospital, Raipur, and discharged on 08.10.2025, thus, the injured remained under treatment for only about six days and is presently out of 4 danger. Therefore, considering the overall facts and circumstances of the case, he prays for grant of bail to the applicant. 4. Learned State Counsel oppose the prayer for grant of bail and submits that as per the FIR, the specific allegation against the co- accused Dinesh Sahu is that he assaulted the injured on the head with a stick (danda) with the intention to cause death, due to which the injured sustained a bleeding injury and fell unconscious. So far as the present applicant is concerned, the allegation is limited to assaulting the complainant with a stick on non-vital parts of the body, namely the hand, leg, and back. Thus, the role attributed to the present applicant is distinct from and comparatively less serious than that of the co-accused. however considering the gravity of the offence, the manner in which it was committed, and the likelihood of the applicant influencing or intimidating the prosecution witnesses if released on bail, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature of allegations, the specific role attributed to the present applicant, which is limited to assault on non-vital parts of the body, the medical evidence showing only one lacerated injury on the head attributable to the co-accused, the fact that the applicant voluntarily surrendered before the police, the filing of the charge-sheet, the absence of any criminal antecedent and further the case of the applicant is distinguishable from the co-accused and the likelihood of the trial 5 taking considerable time to conclude, without expressing any opinion on the merits of the case, this Court is of the view that the present applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant, Khumid Sahu, involved in Crime No. 135/2025 registered at Police Station-Bori, District- Durg (C.G.), for the offence punishable under Sections 296, 351(1), 115(2), 3(5), 109 of BNS, 2023, 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 sufÏcient cause, the trial court may proceed against them 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 Bharatiya Nyaya Sanhita 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 accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, 6 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 sufÏcient 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. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal