1 2026:CGHC:5042 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9737 of 2025 Ramkumar Sonwani S/o Daras Sonwani Aged About 52 Years R/o Village Khamhariya, Police Station Bhatapara Gramin, District Balodabazar- Bhatapara,(C.G.). ... Applicant versus State Of Chhattisgarh Through S H O Bhatapara Gramin, District Balodabazar-Bhatapara (C.G.) ...Respondent For Applicant : Mr. Aman Tamrakar, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 29.01.2026 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. 506/2025 registered at Police Station – Bhatapara Gramin District - Balodabazar-Bhatapara (C.G.), for the offences punishable under Section 296, 115(2), 351(2), 109 and 3(5) of the BNS 2023 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.30 10:50:52 +0530 2 “Correspondence Section in IPC is 294, 323, 506, 307 and 34”. 2. The prosecution story in brief is that, on 04/08/2025 at 08:30 pm when he was closing his shop and cordoning off the front of the shop with a rope. At the same time Tek Singh Sonwani came near my shop and started asking for the goods. And he said that the shop has been closed and you can buy from another shop. Then Tek Singh was not giving the goods and started abusing the complainant and threatening to kill him and immediately started beating me. Then the accused persons he called his brother they are the present applicant and beat him with hands, fists and sticks. And when the wife of complainant Mongarbai and her son Shiva Miri who came to intervene were also beaten with hands, fists and sticks. Due to the beating my wife's head got cracked and she has been referred to Balodabazar for treatment, he have got injuries on my hands and head and my son Shiva has got injuries on his legs and back thereafter the concerned police station has registered the Crime No.506/2025 registered in police station Bhatapara Gramin, Balodabazar Bhatapara (C.G.) for an alleged offence punishable under Sections 115(2), 296, 3(5) and 351(2) of BNS, 2023 "correspondence section in IPC is 323, 294, 506 and 34" and during investigation 109 BNS was added subsequently. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He also submits that in the instant case despite having no role in the alleged act; that the applicants are reputed members of the village, one being the head of the community, and on receiving various complaints that the complainant is engaged in illegal liquor 3 business affecting children, they, along with members of Aadarsh Mahila Gram Sangathan, made complaints to the concerned police station and the Superintendent of Police, following which the present FIR appears to have been lodged with mala fide intent and ulterior motive to falsely implicate the applicants; that the actual incident involves a quarrel where the complainant, along with his wife and child, verbally abused and threatened the applicant for providing information regarding his liquor business, following which the applicant lodged FIR No. 505/2025 against the complainant, copies of which are annexed as ANNEXURE A/4, and that the present FIR is a counter-allegation motivated by vindictive intentions; that the applicant was not present at the time of the alleged incident and has no involvement in the offence; that the complainant is a habitual offender under the Excise Act and has continued the same illegal activities, copies of which are annexed as ANNEXURE A/5; that the applicant is a permanent resident of the given address, will fully cooperate with the investigation and judicial process, and that he has been in judicial custody since 19.09.2025, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of the allegations, and the material available in the case diary, which shows 4 that cross-reports have been lodged by both parties and that the injuries sustained by both sides are of a simple nature, and further considering that one co-accused has already been granted bail by this Court in MCRC No. 930 of 2026 vide order dated 28.01.2026, and that the applicant has been in judicial custody since 19.09.2025 and the charge-sheet has already been filed before the competent Court, and taking into account that the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to regular bail, and accordingly, the application for bail is allowed subject to such terms and conditions as may be imposed by this Court. 7. Let the Applicant – Ramkumar Sonwani, involved in Crime No. 506/2025 registered at Police Station – Bhatapara Gramin District - Balodabazar-Bhatapara (C.G.), for the offences punishable under Section 296, 115(2), 351(2), 109 and 3(5) of the BNS 2023 “Correspondence Section in IPC is 294, 323, 506, 307 and 34” be released on bail on his furnishing personal bond with two local 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 his 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 5 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 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 vaibhav