1 2026:CGHC:24041 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3238 of 2026 Sukhsai S/o Shri Sigan Sai, Aged About 36 Years R/o Village Salka, Police Station And Tahsil Prem Nagar, District Surajpur (C.G.) --- Applicant versus State of Chhattisgarh Through Station House Officer, Police Chowki Umeshwarpur, Police Station Prem Nagar, District Surajpur (C.G.) --- Non-applicant Along with MCRC No. 3847 of 2026 Siganram Harijan Son Of Shri Jaggu Aged About 71 Years Caste Harijan, R/o Village Salka Police Chowki Umeshwarpur, Police Station Prem Nagar, District Surajpur (C.G.), R/o Village Salka, Police Station And Tahsil Prem Nagar, District Surajpur (C.G.) --- Applicant Versus State of Chhattisgarh Through Station House Officer, Police Chowki Umeshwarpur, Police Station Prem Nagar, District Surajpur (C.G.), --- Non-Applicant For Applicants : Mr. Pushpendra Kumar Patel, Advocate For Non-Applicant/State : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.06.2026 RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 1. Since the above-mentioned two first bail applications arise out of same incident, same crime number and registered at same police station, they are clubbed and heard together and are being disposed of by this common order. 2. The applicants have preferred these First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 033/2026, registered at Police Chowki Umeshwarpur, Police Station - Prem Nagar, District Surajpur, (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 109(1), and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in brief, is that the complainant, namely Naresh Kumar, lodged a written report alleging that on 10.03.2026 at about 3:00 p.m., the accused persons abused him in obscene language and threatened him with dire consequences. It is further alleged that thereafter the accused persons assaulted the complainant by fists, kicks and sticks, as a result of which he sustained grievous injuries on his head. On the basis of the said report, FIR bearing Crime No. 0033/2026 was registered at Police Station Prem Nagar, District Surajpur (C.G.) for the offences punishable under Sections 296, 351(3), 115(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023; however, as reflected in the impugned order dated 20.03.2026, Section 109(1) of the BNS has also been invoked. During the course of investigation, the present applicants came to be arrested on 17.03.2026. Hence, the present bail applications. 3 4. Learned counsel for the applicants submits that the present applicants have been falsely implicated in the instant case and have not committed any offence as alleged by the prosecution. It is submitted that the incident arose out of a trivial dispute between the parties owing to previous enmity and that the applicants have neither assaulted the injured nor played any role in the commission of the alleged offence. He further submits that the injuries sustained by the injured person are simple in nature and that the applicants have been implicated merely on the basis of suspicion without there being sufficient material against them. He further contends that a counter FIR bearing Crime No. 0034/2026 was lodged by the accused side against the complainant party, namely Dilip Harijan and Naresh Harijan, which clearly indicates that the complainant party was the aggressor in the incident. It is also submitted that the applicants are senior citizens and have been unnecessarily victimized by the registration of a false FIR. It is further submitted that the applicants have no previous criminal antecedents and are in jail since, 17.03.2026, the charge sheet has already been filed, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 5. On the other hand, learned State Counsel appearing for the non- applicant/State opposes the bail applications and submits that the charge-sheet has been filed in the present cases. He further submits that the applicants are specifically named in the FIR and have actively participated in the incident wherein the complainant was abused, threatened and assaulted. It is submitted that, as a 4 result of the assault committed by the accused persons, the injured sustained injuries on his head and the medical evidence collected during investigation supports the prosecution case. Considering the nature of allegations, the manner in which the offence was committed, and the material collected during investigation indicating the involvement of the applicants, the applicants are not entitled to be released on bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature of allegations, the material collected during investigation, and the submissions advanced by learned counsel for both the parties, this Court finds that though the applicants are alleged to have abused the complainant in obscene language, threatened him with dire consequences and assaulted him by fists, kicks and sticks, causing injuries on his head, but further considering the fact that the incident appears to have arisen out of a dispute between the parties, the existence of a counter FIR lodged by the accused side against the complainant party, further the charge-sheet has already been filed, they have no previous criminal antecedents, the applicants are in jail since 17.03.2026 and conclusion of the trial may take some time, without expressing any opinion on the merits of the case, this Court is of the considered view that the present applicants are entitled to be released on regular bail in theses cases. 5 8. Accordingly, the bail applications of the applicants are allowed. Let the Applicants – Sukhsai and Siganram Harijan, involved in Crime No. 033/2026, registered at Police Chowki Umeshwarpur, Police Station - Prem Nagar, District Surajpur, (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 109(1), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on 6 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. 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 Rahul Dewangan