1 2026:CGHC:25387 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5420 of 2026 Premlal Banjare S/o Saheb Lal Banjare Aged About 50 Years R/o Village Devgaon, P.S. Masturi, Distt. Bilaspur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Masturi, Distt. Bilaspur, Chhattisgarh. ... Non-applicant(s) For Applicant : Mr. Kunwar Lal Sahu, Advocate For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.06.2026 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. 185/2026, registered at Police Station : Masturi, District- Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 118(2), 351(3) of B.N.S. 2023. 2. The case of the prosecution, in brief, is that the complainant, Smt. Anita Banjare, lodged a First Information Report at Police Station KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Masturi, District Bilaspur, alleging that on 17.03.2026, the accused persons, namely, Prem Banjare(applicant), Rahas Banjare and Raju Banjare, intentionally abused and assaulted the complainant's husband, elder brother-in-law and nephew, namely, Ashish Banjare, Chandra Kumar Banjare and Pradeep Banjare, by means of a spade and bamboo sticks. It is alleged that, due to the said assault, the aforesaid persons sustained grievous injuries and were subsequently admitted to Vagus Hospital, Bilaspur, for treatment, where they remained under treatment. On the basis of the aforesaid report, a crime was registered against the accused persons and the matter was taken up for investigation. During the course of investigation, statements of the complainant, witnesses and injured persons were recorded under the relevant provisions of law. The Investigating Officer also inspected the place of occurrence and collected the bed-head tickets and medico-legal reports of the injured persons. It is further alleged that, upon scrutiny of the medical documents, grievous injuries were found to have been sustained by injured Chandra Kumar Banjare and, consequently, Section 118(2) of the Bharatiya Nyaya Sanhita, 2023 was incorporated in the case. During investigation, the accused persons, namely, Raju Banjare, Prem Banjare and Rahas Banjare, were summoned and interrogated, wherein they allegedly admitted their involvement in the incident. Pursuant to their memorandum statements, the weapon of offence, i.e., an iron spade allegedly used in the commission of the offence, was recovered at the instance of accused Raju Banjare, whereas a bamboo stick 3 allegedly used in the incident was recovered at the instance of the present applicant, Prem Banjare, in the presence of witnesses. Thereafter, seizure proceedings were duly carried out and, on the basis of the evidence collected during investigation, the accused persons were arrested in accordance with law after informing their family members. The medical documents annexed with the case diary, particularly those issued by Vagus Hospital, Bilaspur, reveal that injured Chandra Kumar Banjare remained admitted in the hospital from 17.03.2026 to 21.03.2026 and had sustained a grievous injury on the vital part of the body, the head. It is also reflected from the medico-legal report that another injured person, namely, Pradeep Banjare, had also sustained grievous injuries. Accordingly, aforementioned offences have been registered against the accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that there are cross-cases arising out of the same incident and the first information report was lodged by the brother of the present applicant against the complainant party, pursuant to which an offence under Sections 115(2), 296, 3(5) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 was registered. Thereafter, as a counterblast, the complainant lodged the present FIR against the applicant and other co-accused person. It is further submitted that both parties sustained injuries in the incident. On the side of the applicant, the present applicant suffered grievous injuries on his palm and during treatment, about 14 to 17 stitches were 4 administered by the doctor, whereas the applicant's brother sustained only simple injuries. On the side of the complainant party, there are three injured persons, out of whom only one person, namely, Chandra Kumar Banjare, sustained a grievous injury in the nature of a fracture on the head, while the remaining two injured persons suffered simple injuries. Learned counsel further submits that only a bamboo stick has been recovered from the possession of the present applicant. It is also submitted that the charge-sheet has already been filed before the competent Court and, therefore, further custodial interrogation of the applicant is not required. The applicant has no criminal antecedents and the trial is likely to take considerable time for its conclusion. Therefore, he prays that the applicant be enlarged on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the applicant is named in the FIR and there are specific allegations against him. It is further submitted that the applicant actively participated in the commission of the offence and considering the nature and gravity of the offence as well as the grievous injuries sustained by the injured persons, particularly the head injury suffered by Chandra Kumar Banjare, the applicant is not entitled to be enlarged on bail. Accordingly, he prays for rejection of the bail application. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the overall facts and circumstances of the case, nature and gravity of the allegations levelled against the applicant, the fact 5 that there are cross-cases arising out of the same incident, the fact that the present applicant himself sustained grievous injuries on his palm for which 14 to 17 stitches were administered during treatment, the fact that out of three injured persons on the side of the complainant, only one sustained grievous injury whereas the remaining two suffered simple injuries, the fact that the charge- sheet has already been filed, the applicant has no criminal antecedents and the trial is likely to take considerable time for its conclusion, thus without commenting anything on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail. 7. Accordingly, the bail application of the applicant is allowed. 8. Let applicant, Premlal Banjare, involved in Crime No. 185/2026, registered at Police Station : Masturi, District- Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 118(2), 351(3) of B.N.S. 2023, be released on bail on furnishing personal bond with two 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 6 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails 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. 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 Kunal