1 2026:CGHC:6058 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10264 of 2025 1 - Yogesh Puraina S/o Sonachand Puraina Aged About 29 Years R/o Village- Sundarvan, P.S. Gidhpuri, Distt.- Balodabazar-Bhatapara (C.G.) 2 - Rikesh Alias Ricky Puraina S/o Raju Puraina Aged About 26 Years R/o Village- Sundarvan, P.S. Gidhpuri, Distt.- Balodabazar-Bhatapara (C.G.) --- Applicants versus State Of Chhattisgarh Through The Police Station- Gidhpuri, District- Balodabazar-Bhatapara (C.G.) --- Non-applicant Along with MCRC No. 10405 of 2025 Ram Kishun Deedhi S/o Late Kesaru Deedhi Aged About 26 Years R/o Village Sundarvan, P.S. Gidhpuri, Dist- Balodabazar-Bhatapara C.G. ---Applicant Versus State Of Chhattisgarh Through The Police Station Gidhpuri, District – Balodabazar-Bhatapara, C.G. ---- Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.02.2026 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. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 137/2025, registered at Police Station – Gidhpuri, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 109, 115(2), 296 and 3(5) of the BNS. 2. The case of the prosecution, is that the complainant had been staying at his in-laws' house for the past few days and was roaming around the nearby villages selling clothes. On 19/10/2025, after visiting Odan Bazaar, he returned to the village around 08:00 pm in his vehicle. Some people were standing on the road near the old Sarpanch's house at the turn. When he honked to clear the way, some individuals started abusing him. The complainant stopped to see who was abusing him. Meanwhile, the co-accused (Ricky Puraina), approached him, grabbed his collar, and started abusing his family while also beated him. Complainant father-in-law (Barsati Kosle), then arrived and advised him not to interfere. Following this, the complainant took the vehicle home. Later, other co-accused (Yogesh Puraina and Ricky Puraina), along with others wielding sticks, approached the house and began abusing his family. When complainant father-in-law objected. the co-accused (Yogesh Puraina) struck him with a stick. Hearing about the altercation, his elder father-in-law (Tilak Kosle), and his brother-in-law (Raja Kosle) came to intervene. The co- accused(Yogesh Puraina) then delivered a fatal attack on his elder father-in-law's head with a stick, and the other co-accused (Ricky Puraina) also assaulted him with a brick, causing blood to flow. During this incident, the complainant's brother-in-law, who was trying to intervene, was also assaulted with fists and hands by the co-accused's nephew (Sahil Puraina) & others. On the basis of which the crime was 3 registered and the present applicant has been arrested on 20.10.2025 by the police of Gidhpuri, Dist- Balodabazar-Bhatapara for the offence punishable under sec-109, 115(2), 296, 3(5) BNS. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the charge-sheet has been filed in this case. It is further submitted that so far as the applicants are concerned, they have assaulted the injured with only hands and fists. The applicant is in jail since 20.10.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that the applicant along with the co- accused is said to have assaulted the injured with hands, fists, stick and brick, due to which the injured has sustained some injuries, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of 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 so far as the applicants are concerned, they have assaulted the injured with only hands and fists, charge-sheet has been filed against the applicant, the applicant is in jail since 20.10.2025 and conclusion of the trial is likely to take some time, I am inclined to allow 4 this application. 7. Let applicant, Yogesh Puraina, Rikesh Alias Ricky Puraina, and Ram Kishun Deedhi, involved in Crime No. 137/2025, registered at Police Station – Gidhpuri, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 109, 115(2), 296 and 3(5) of the 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 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 5 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. 8. 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 Rajshekhar