1 2026:CGHC:13796 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2717 of 2026 1 - Ishwar Kurre S/o Gopal Das Kurre Aged About 29 Years R/o Village Risda Kuaa Chowk P.S. City Kotwali, Baloda-Bazar Distt- Baloda Bazar- Bahatapara (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Station House Officer Police Station Suhela District- Baloda-Bazar Bahatapara (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Vijay Shankar Mishra, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.03.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 404/2025, registered at Police Station : Suhela, District – Baloda-Bazar Bhatapara (C.G.) for the offence punishable under Sections 296, 351(3), 127(2), 109(1), 115(2), 324(4), 191(2), 191(3) & 190 of the Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant, namely Vivekanand Verma, lodged an oral report at Police Station Suhela stating that he is engaged in the business of contracting and that on 13.12.2025 at about 8:30 PM, while he was present in ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2026.03.24 17:07:53 +0530 2 his office along with Balram Dhruw and Sant Ram, he received a phone call from his brother-in-law, Sourabh Kashyap, informing him that he, along with his friends Rajendra Verma and Angad Sahu, had gone to the liquor shop at Hirmi, where, on the issue of overpricing of liquor, the shop employees, namely Kavi Manhare, Rajendra Kurre @ Sonu, Badri Chelak, and their associates, abused them in filthy language, criminally intimidated them, assaulted them, and caused damage to his Swift car bearing registration No. CG-04 PM 6860, and requested him to come and take them back; pursuant thereto, the complainant, along with driver Sivesh Carpenter, Sant Ram Sirmaur, and Balram Dhruw, proceeded to the said liquor shop in his Scorpio vehicle bearing registration No. CG-04 PQ 7770, where, upon not finding Sourabh, he inquired about him from a salesman at the counter, who, on the pretext of providing information, took the complainant inside the shop and locked the door, whereupon the aforesaid accused persons and other employees, using filthy language and with an intention to kill, assaulted him with wooden sticks and iron rods on his head and other parts of the body, causing grievous injuries; thereafter, they dragged him outside and again assaulted him, while Sant Ram Sirmaur and Balram Dhruw managed to escape, but Sivesh Carpenter was caught and similarly assaulted, and damage was also caused to the complainant’s Scorpio vehicle; it is further alleged that the accused persons left them in an injured condition, following which Angad Sahu took the 3 complainant to Mission Hospital, Tilda, from where, considering his critical condition, he was referred to a higher medical center at Raipur, where he was treated for injuries sustained on his head, back, abdomen, right shoulder, left hand, and both legs, and during the incident, his wristwatch, gold ring, and gold chain were also lost; on the basis of the said report, an offence was registered and, upon completion of investigation, charge-sheet has been filed; the applicant’s bail application under Section 483 of the BNSS was rejected by the learned Additional Sessions Judge, Bhatapara, vide order dated 09.03.2026. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed any offence as alleged. Learned counsel for the applicant further submits that the alleged incident occurred on 13.12.2025, whereas the FIR was lodged belatedly on 24.12.2025 without any satisfactory explanation, casting doubt on the prosecution case; it is further submitted that the applicant has not been named in the FIR and has been implicated solely on the basis of memorandum statements of co-accused; that except the complainant, all other injured persons sustained simple injuries, the said injuries were caused by sticks as well as rod and even with regard to the complainant, the charge-sheet does not specify who caused the alleged grievous injury, while the discharge summary records the assailant as “unknown”; thus, there is no 4 cogent material connecting the applicant with the alleged offence; it is further submitted that the applicant has been in custody since 29.01.2026, is a permanent resident with no likelihood of absconding or tampering with evidence, and is willing to furnish adequate surety and abide by all conditions as may be imposed by this Court. He further submits that the applicant has no criminal antecedents, the charge-sheet has been submitted before the competent Court, and he is in jail since 29.01.2026 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel vehemently opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. She further submits that the injuries sustained by the complainant are grievous in nature and include a lacerated wound and the present applicant is a permanent resident so he may tamper with the pieces of evidence, therefore, it is prayed that the present applicant is not entitled to be granted regular bail in this case. 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, particularly that out of four injured persons, three sustained only simple injuries and only one, namely Vivekanand Verma, sustained grievous injuries, and further considering that the 5 applicant has been in judicial custody since 29.01.2026, he has no criminal antecedents, and that the charge-sheet has already been filed before the competent Court, while the conclusion of the trial is likely to take considerable time, this Court is of the considered view that the present applicant deserves to be enlarged on regular bail. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Ishwar Kurre, involved in Crime No. 404/2025, registered at Police Station : Suhela, District – Baloda-Bazar Bhatapara (C.G.) for the offence punishable under Sections 296, 351(3), 127(2), 109(1), 115(2), 324(4), 191(2), 191(3) & 190 of the Bharatiya Nyaya Sanhita, 2023, be released on bail on 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 6 him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS is issued and the applicant fail 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Saxena