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2026 DAILYLAW 21498 (CHH)

GURU PRASAD DHRUW @ BALMIKI v. STATE OF CHHATTISGARH

MCRC/1765/2026 · 2026-06-14

Transfer Petitionbody2026

Judgment text

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1 2026:CGHC:23870 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1765 of 2026 1 - Guru Prasad Dhruw @ Balmiki S/o Indraman Aged About 25 Years R/o - Village Salhaiya, Chowki - Junapara, Police Station - Takhatpur, District - Bilaspur (C.G.) 2 - Omnarayan @ Hariom S/o Daulat Aged About 29 Years R/o - Village Belpan, Chowki - Junapara, Police Station - Takhatpur, District - Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Takhatpur, District - Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Ms. Usha Chandrakar, Advocate. For Respondent(s) : Mr. Shubham Bajpai, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.06.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 short ‘BNSS’), for grant of regular bail, as they have been arrested in connection with Crime No. 561/2025, registered at Police Station Takhatpur, District - Bilaspur (CG) for the offence punishable under Sections 296, 351(2), 115(2), 190, 191(1), 118, 109(1) of BNS. 2. The prosecution story in brief, is that on 04.10.2025, the complainant, Savita Shukla, lodged a report stating that on 03.10.2025 at about 10:00 PM, her husband, Manish Shukla, returned home with their children and was talking on his mobile phone outside the house. At that time, accused Krishna Sahu, Mahendra Rajput, and other co-accused persons arrived on motorcycles and, owing to previous enmity, started abusing Manish Shukla in filthy language and threatened to kill him. It is alleged that the accused persons assaulted Manish Shukla with fists and kicks, during which Krishna Sahu struck him on the head with an iron rod and Mahendra Rajput assaulted him with a wooden stick. Thereafter, Manish Shukla telephoned Suryakant Rajput and requested him to come to his house. It is further alleged that Krishna Sahu, Mahendra Rajput, and the other accused persons intercepted Suryakant Rajput near Krishna Sahu's house and assaulted him with iron rods and sticks. Upon witnessing the assault, Gokul Rajput and Uttam Rajput intervened to rescue Suryakant Rajput, but they too were allegedly assaulted by the accused persons with iron rods and sticks. The injured persons sustained serious injuries and were admitted to the hospital for treatment. During investigation, the medical reports, CT scan, X-ray reports, and the opinion of the treating doctor revealed that the injuries sustained by the victims were grievous in nature and 3 that, in the absence of timely medical treatment, their deaths could have been possible. Accordingly, offences under Sections 296, 351(2), 115(2), 190, 191(1), 118, and 109(1) of the Bharatiya Nyaya Sanhita were registered and investigated. During the course of investigation, a wooden stick alleged to have been used in the commission of the offence was seized at the instance of accused Laxman Dhruv. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. She further submit that the sister of Applicant No. 1, namely Manisha Dhruw, lodged a report alleging that on 02.10.2025, between 07:00 PM and 08:00 PM, near the Primary School at Village Salhaiya, accused Suryakant @ Vikku Rajput attempted to outrage her modesty and insult her with an improper intention. When Applicant No. 1 intervened and objected to the said act, Suryakant @ Vikku Rajput assaulted him. On the basis of the said complaint, Junapara Chowki registered a criminal case against Suryakant @ Vikku Rajput on 11.10.2025. Copies of the report and FIR are collectively annexed herewith as Annexure A/3. She also submits that the present applicants are neither named in the First Information Report nor is there any specific allegation against them in the memorandum statements recorded during investigation. The absence of any direct accusation clearly indicates that the applicants have been falsely implicated in the present crime. She later submits that, Suryakant @ Vikku Rajput is an employee/servant of the complainant, and with a 4 view to assist and protect him from the consequences of the criminal case registered against him at Police Chowki Junapara, Police Station Takhatpur, the complainant party has falsely implicated the present applicants in Crime No. 561/2025. The prosecution has, therefore, maliciously roped in the applicants despite there being no cogent material connecting them with the alleged offence. Applicant No.1 is in jail since 24.10.2025 and applicant No.2 is in jail since 02.11.2025 and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the allegation against the applicants, Guruprasad Dhruv and Omnarayan @ Hariom, is that they were part of the group of accused persons who allegedly participated in the assault on the injured persons with iron and sticks, and as per MLC report, the injuries are found to be grievous in nature. He also submits that there are as many as four injured persons, namely, Manish Shukla, Suryakant Rajput, Gokul Rajput and Uttam Rajput. Out of them, injured witnesses Suryakant Rajput, Gokul Rajput and Uttam Rajput have specifically named the present applicants in their statements and have alleged that the applicants, along with the other co- accused persons, participated in the assault upon them. He Lastly submits that first and second bail application of co-accused, Shravan Sahu have already been rejected by this Court vide orders dated 06.02.2026 and 15.05.2026 in MCRC Nos. 1325 of 2026 and 5 4646 of 2026. Therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the impugned order, it prima facie appears that the present applicants, namely Guruprasad Dhruv and Omnarayan @ Hariom, along with the co-accused persons, formed an unlawful assembly and, in furtherance of their common object, participated in the assault upon Manish Shukla, Suryakant Rajput, Gokul Rajput and Uttam Rajput. It is alleged that the accused persons abused and threatened the victims and thereafter assaulted them with fists, iron rods and sticks, causing grievous injuries. The medical evidence indicates that the injuries sustained by the victims were serious in nature and could have proved fatal in the absence of timely medical treatment. There are as many as four injured persons, namely, Manish Shukla, Suryakant Rajput, Gokul Rajput and Uttam Rajput. Out of them, injured witnesses Suryakant Rajput, Gokul Rajput and Uttam Rajput have specifically named the present applicants in their statements and have alleged that the applicants, along with the other co-accused persons, participated in the assault upon them. Also considering the fact that first and second bail application of co- accused, Shravan Sahu have already been rejected by this Court vide orders dated 06.02.2026 and 15.05.2026 in MCRC Nos. 1325 of 2026 and 4646 of 2026. Considering the gravity of the offence, the manner of assault and the serious injuries caused to four injured 6 persons, this Court is of the opinion that it is not a fit case to enlarge the applicants on bail. 7. Accordingly, the bail application of applicants-Guru Prasad Dhruw @ Balmiki and Omnarayan @ Hariom involved in Crime No. 561/2025, registered at Police Station Takhatpur, District - Bilaspur (CG) for the offence punishable under Sections 296, 351(2), 115(2), 190, 191(1), 118, 109(1) of BNS, is rejected. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously preferably within a period of four months from the date of receipt of certified copy of this order, in accordance with law, if there is no legal impediment. 9. 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 Akhil