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2026 DAILYLAW 2124 (CHH)

BALRAM PAL v. STATE OF CHHATTISGARH

MCRC/9318/2025 · 2026-01-07

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Judgment text

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1 2026:CGHC:1270 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9318 of 2025 1 - Balram Pal S/o Suresh Pal Aged About 19 Years R/o Village- Suhela, Tahsil And Thana- Suhela, District : Balodabazar-Bhatapara, Chhattisgarh 2 - Rahul Kumar Verma @ Omkumar Verma S/o Birendra Kumar Verma Aged About 20 Years R/o Village- Raveli, Tahsil And Thana- Suhela, District : Balodabazar-Bhatapara, Chhattisgarh ... Applicants versus State Of Chhattisgarh Through S H O, Police Station- Suhela, District : Balodabazar-Bhatapara, Chhattisgarh ... Respondent For Applicants : Shri Samir Singh, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.09 15:47:29 +0530 2 No.250/2025 registered at Police Station Suhela, Distt- Baloda Bazar- Bhatapara (C.G.) for the offence punishable under Sections 109 (1), 115 (2), 190, 191(2), 191 (3), 296 of Bhartiya Nyay Sanhita. 2. Case of the prosecution, in brief, is that complainant namely Khemraj Verma has lodged the report at police Station against present applicants with the averment that on 27.09.2025 at night present applicants have stopped his motor cycle and assaulted to him with help of stick, hand and fits to his son namely Deepak Verma, so the report was made and on the basis of the report police registered the offence and arrested the applicants under sections 109 (1), 115 (2), 190, 191(2), 191 (3), 296 of Bhartiya Nyay Sanhita. 3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in this case. He would submit that the injured has received 3 lacerated wound and injury was simple in nature. He would submit that the charge sheet has been filed in this case, the applicants are in jail since 1/10/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would submit that applicant No.1 has one criminal antecedent which is disposed of and applicant No.2 has one criminal antecedent in which he is on bail. He would submit that the injury caused to the injured by the applicants by hard and blunt object was simple in nature. 5. I have heard learned counsel appearing for the parties and perused the 3 case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicants, further the fact that injuries sustained by the injured are simple in nature, period of detention of the applicants since 1/10/2025, further the fact that applicant No.1 has one criminal antecedent, which is disposed of and applicant No.2 has one criminal antecedent, in which, he is on bail, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Balram Pal & Rahul Kumar Verma @ Omkumar Verma, involved in Crime No.250/2025 registered at Police Station Suhela, Distt- Baloda Bazar-Bhatapara (C.G.) for the offence punishable under Sections 109 (1), 115 (2), 190, 191(2), 191 (3), 296 of Bhartiya Nyay Sanhita, be released on bail on each of them furnishing a personal bond with two sureties 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 4 proceed against 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 BNSS. is issued and the applicants fails 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 209 of the 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 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 them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri