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2026 DAILYLAW 14458 (CHH)

YURAJ DEWAR v. STATE OF CHHATTISGARH

MCRC/1644/2026 · 2026-05-04

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Judgment text

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1 2026:CGHC:21021 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1644 of 2026 Yuraj Dewar S/o Roushan Dewar Aged About 23 Years R/o Ward No. 15, Near Dalal Tariya, Tilda, District - Raipur C.G. … Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station- Civil Line, District – Raipur, C.G. ... Non-Applicant For Applicant : Mr. Shivendu Pandya, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.05.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 678/2025 registered at Police Station - Civil Line, District – Raipur (C.G.), for the offences punishable under Sections 115(2), 296, 351(2), 191(3), 118(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case is that on 16.03.2023, the complainant, namely Ajju Dewar, lodged a report at Police Station Civil Lines, District Raipur (C.G.). It is alleged that on the date of the incident, i.e., 26.12.2025, at about PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.06 16:55:44 +0530 2 09:00 PM, the complainant along with his cousin brother Love Kumar Dewar and others had gone to Rajendra Nagar to attend a mela. During the course of the evening, some of the co-accused persons called the complainant towards a nearby lane (gali), but he refused to go. Thereafter, the accused persons allegedly started abusing the complainant in filthy language and assaulted him. The complainant then returned and informed his brother, Love Kumar Dewar, about the incident. Subsequently, the complainant along with his brother went near the place of occurrence, i.e., near Dr. T.K. Rao Hospital, where the present applicant along with other co-accused persons again abused the complainant using filthy language. It is further alleged that the applicant and other accused persons assaulted the complainant by hands and fists, and also attacked him with a sharp object, causing multiple injuries. After the incident, the accused persons fled from the spot. Thereafter, the complainant lodged a report at Police Station Civil Lines, District Raipur (C.G.), on the basis of which an FIR bearing Crime No. 678/2025 was registered against the present applicant and other co-accused persons. After the incident, the complainant Ajju Dewar reported the matter to the police, and the police registered the FIR against the present accused/applicant along with other co-accused persons for offences punishable under Sections 115(2), 296, 351(2), 191(3), 118(2), and 3(5) of the B.N.S. 3. It is respectfully submitted on behalf of the applicant that he is innocent and has been falsely implicated in the present case. It is further submitted that, as per the prosecution story, the applicant is alleged to have assaulted the injured only with hands and fists. The injuries sustained by the injured are stated to be grievous in nature, however, the primary allegations in this regard are attributed to the co-accused. It is further 3 contended that the charge-sheet has already been filed. The applicant has no prior criminal antecedents. He has been in judicial custody since 27.12.2025. In view of the aforesaid facts and circumstances, it is most humbly prayed that this Court may be pleased to release the applicant on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed in the present case. She further submits that the applicant is alleged to have assaulted the injured only with hands and fists. The injuries sustained by the injured are stated to be grievous in nature, however, the primary allegations in this regard are attributed to the co-accused person. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature of allegations, and the material available on record, particularly the fact that, the applicant is alleged to have assaulted the injured only with hands and fists, the injuries sustained by the injured are stated to be grievous in nature, however, the primary allegations in this regard are attributed to the co-accused person and further considering that the charge-sheet has already been filed, that the applicant has no previous criminal antecedents, and that the applicant has been in custody since 27.12.2025, and the case of the present applicant is distinguishable from that of the co-accused person, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the Applicant – Yuraj Dewar, involved in Crime No. 678/2025 registered at Police Station - Civil Line, District – Raipur (C.G.), for the offences punishable under Sections 115(2), 296, 351(2), 191(3), 118(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing personal 4 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 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 her in accordance with law. 5 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 Preeti