1 2026:CGHC:23757 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4710 of 2026 1 - Aakash Banjare Alias Raja S/o Mahendra Kumar Banjare Aged About 19 Years R/o Judha, P.S. Lawan, Present R/o Konari, P.S. Palari, Distt. Balodabazar-Bhatapara Chhattisgarh 2 - Gopi Baghel S/o Babulal Baghel Aged About 23 Years R/o Judha, P.S. Lawan, Distt Balodabazar-Bhatapara Chhattisgarh 3 - Tenduka Alias Luckey Banjare S/o Ghanshyam Banjare Aged About 19 Years R/o Ward No. 07, Old Basti, Balodabazar, P.S. Balodabazar, Distt Balodabazar-Bhatapara Chhattisgarh 4 - Deep Kurre S/o Khuman Singh Kurre Aged About 19 Years R/o Old Basti, Balodabazar, P.S. Balodabazar, Distt Balodabazar-Bhatapara Chhattisgarh ... Applicants(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali Balodabazar, Distt Balodabazar-Bhatapara Chhattisgarh ... Non-applicant(s) For Applicant(s) : Mr. Pragalbha Sharma, Advocat. For Non-applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 15.06.2026 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 applicants who have been arrested in connection with Crime No. 1032/2025 registered at Police Station City Kotwali, Balodabazar, District- Balodabazar-Bhatapara (C.G.), for the offence punishable under Sections 109(1), 190, 191(2), 191(3), 61(2), 111 of Bhartiya Nyaya Sanhita. 2. Case of the prosecution, in brief, is that the complainant namely Ajay Dhruv lodged a written complaint at Police Station City Kotwali, Baloda Bazar, alleging that on 17.10.2025 at about 7:30 PM, near Bajrang Chowk in front of the Panchayat Bhawan, Village Khatiyapati, the accused persons namely Kartik Sayer, Sahil Sayer, Shivam Chauhan, Vilash Chelak alias Kanu, Gopi Kishan Ghidoude, Naveen Manhare, Akash Banjare alias Raja, along with four to five other associates, arrived at the spot with the intention of committing murder and assaulted the complainant Ajay Dhruv and his companions Yogesh Sen, Rahul Sahu and Chudamani Sahu, who had gone there to eat “gupchup” and were also consuming liquor together. It is alleged that during the course of drinking liquor, Yogesh Sen and Rahul Sahu were making comments regarding one Krishna Bhardwaj in connection with an earlier dispute. At that time, the accused persons allegedly handed over a mobile phone to Yogesh Sen, asking him to speak to their “boss”, and thereafter launched a deadly assault upon the complainant party. The accused persons allegedly attacked them with fists, kicks, sticks and knives, 3 causing injuries. The complainant Ajay Dhruv allegedly became unconscious and fell to the ground during the assault. Believing him to be dead, the accused persons allegedly fled from the spot. It is further alleged that Yogesh Sen was stabbed with a knife and sustained fatal injuries. According to the complainant, two villagers later carried him near Krishna Mandir and concealed him there, otherwise the accused persons would have killed him as well. Upon regaining consciousness at about 4:00 AM the following morning, he was informed by the village Sarpanch that a murder had taken place, whereupon he fled from the village out of fear. On the basis of the aforesaid report, Crime No. 1032/2025 was registered for offences punishable under Sections 190, 191(2), 191(3) and 109(1) of the Bharatiya Nyaya Sanhita, and investigation was commenced. During investigation, memorandum statements of the accused persons were recorded on 24.01.2026, wherein they allegedly confessed to having committed the offence along with their associates namely Vikas Joshi, Tenduka alias Lucky Banjare, Gopi Baghel, Deep Kurre, Aryan alias Gyanendra Banjare, Rahul Chelak, Satyanarayan Chelak alias Sattu and Rajkumar alias Bisahu. On the basis of such statements and the allegation that the accused persons had acted in concert pursuant to a criminal conspiracy, Sections 61(2) and 111 of the Bharatiya Nyaya Sanhita were also added to the case. During investigation, sticks, wooden clubs and knives were allegedly seized from the possession of the accused persons. Since the offences were non-bailable in nature, the accused persons were arrested and produced before the learned 4 Court on judicial remand. Upon completion of investigation, a charge-sheet was filed before the competent Court. 3. Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the present case. It is submitted that the incident in question gave rise to cross-cases and members of both sides sustained injuries. He further submits that Bhaka Satnami, also sustained injuries during the incident and subsequently died, pursuant to which an FIR was lodged from the side of the applicants against the present complainant party and their associates for offences punishable under Sections 302 and 307 of the IPC. Learned counsel submits that the present applicants did not assault the complainant and have been implicated merely on the basis of omnibus allegations. It is further submitted that the medical reports of the injured witnesses indicate only simple injuries, which do not support the grave allegations levelled by the prosecution. He further submits that although the present applicants are named in the FIR, the co-accused persons, who have already been granted bail by this Court in MCRC No. 4136/2026 vide order dated 05.05.2026, were not named in the FIR and stand on a similar footing. It is also submitted that so far as the criminal antecedents are concerned, applicant No.3 has two criminal antecedents registered under the BNS, which are still pending adjudication, whereas the remaining applicants have no criminal antecedents, as explained in Paragraph 4(A) of the bail application. The applicants have been in judicial custody since 24.01.2026 and, as the 5 conclusion of trial is likely to take considerable time, they deserve to be enlarged on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the charge-sheet has already been filed before the competent Court and the material collected during investigation prima facie establishes the involvement of the applicants in the commission of the alleged offence. Considering the serious nature of the accusations and the gravity of the offence, it is submitted that no case for grant of bail is made out. He further submits that the applicant No.1 Akash Banjare has one criminal antecedents under the IPC which has not been explained and applicant No.3 has two criminal antecedents under the BNS, as the same has been explained in the bail application of para No. 4(A) and rest of the applicants have no criminal antecedent. Hence, the application deserves to be dismissed. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the offence alleged against the applicants, the fact that both sides sustained injuries during the incident, the medical reports indicating that the injuries suffered by the complainant party are simple in nature and further considering that an FIR regarding the death of Bhaka Satnami had initially been lodged from the side of the applicants against the complainant party and their associates, followed by registration of the present FIR arising out of the same incident, as also the period of detention of 6 the applicants and further considering the criminal antecedents of the applicants and the co-accused namely Aryan Alias Gyanendra Banjare and Satyanarayan Alias Sattu have already been granted bail by this Court in MCRC No. 4136/2026 vide order dated 05.05.2026, the likelihood of the trial taking considerable time to conclude, this Court is inclined to allow the present bail application. 7. Accordingly, the bail application of the applicants are allowed. 8. Let the applicants, Aakash Banjare alias Raja, Gopi Baghel, Tenduka alias Luckey Banjare and Deep Kurre, involved in Crime No. 1032/2025 registered at Police Station City Kotwali, Balodabazar, District- Balodabazar-Bhatapara (C.G.), for the offence punishable under Sections 109(1), 190, 191(2), 191(3), 61(2), 111 of Bhartiya Nyaya Sanhita, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the court concerned with the following conditions:- (i)The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against 7 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of Bharatiya Nyaya Sanhita is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberated 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 them in accordance with law. 9. 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 Kunal