Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:27406
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5886 of 2026 Devendra Baghel S/o Devnath Baghel Aged About 23 Years Caste Lohar, R/o Village Duganpaal, Police Station Kodenaar, District Bastar Chhattisgarh ...Applicant
versus The State Of Chhattisgarh Through The Station House Officer, Police Station Kodenaar, District Bastar Chhattisgarh ... Non-applicant For Applicant : Mr. Punit Ruparel, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 03.07.2026
1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 31/2026, registered at Police Station - Kodenaar, District - Bastar (C.G.) for the offence punishable under Sections 296, 118(1), 109 & 3(5) of the BNS. 2. The case of the prosecution, in brief, is that on 22.04.2026, during a VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.03 14:42:25 +0530
2 marriage function at Village Badearapur, the injured Sagar Nath, Priyansu Kurrey and Fulsingh Baghel were dancing on the DJ platform. At the same time, the applicant Devendra and the co- accused, namely Santosh, Laxman @ Tondu, Aman Kumar @ Kamal and others, were also dancing. It is alleged that the steel bracelet worn by the applicant Devendra accidentally came into contact with other persons dancing on the platform, whereupon he was asked to remove the bracelet. Thereafter, following a verbal altercation, the applicant and the co-accused allegedly assaulted Sagar Nath with a sharp-edged knife. During the incident, Priyansu Kurrey and Fulsingh Baghel also sustained injuries while intervening. On the report lodged by Priyansu Kurrey, Crime No. 31/2026 was registered at Police Station Kodenaar for the offences punishable under Sections 296, 118(1), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. During the investigation, the statements of the witnesses were recorded, the injured persons were medically examined, and after completion of the investigation, the charge-sheet was filed against the applicant and the co-accused. As per the medical evidence, Sagar Nath sustained multiple incised wounds, including injuries measuring 7 × 4 × 1 cm on the upper right chest extending up to the right hypochondrium, 3 × 1 × 1 cm on the right iliac fossa, and 5 × 7 × 1 cm on the inner aspect of the leg, caused by a sharp-edged weapon. The doctor, in the subsequent query report, opined that the injuries could have proved fatal had timely medical treatment not been provided. Priyansu Kurrey sustained a knife injury on his left palm, while Fulsingh Baghel suffered a knife injury on the right side of his chest. The applicant had earlier preferred an application for regular bail before the Court below,
3 which was rejected.
Hence, the present first application for regular bail has been filed before this Hon'ble Court. 3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed any of the alleged offences. It is contended that, as per the statements of the complainant, the injured, and the independent eyewitnesses recorded during the investigation, the specific allegation of assault with a knife is attributed only to the co-accused Santosh Baghel and Laxman @ Tondu Baghel, whereas no overt act or allegation of assault by the present applicant has been levelled against him. It is further submitted that the quarrel arose during a marriage function while dancing on the DJ stage due to a trivial dispute, and the applicant himself sustained injuries on his hand while attempting to intervene and resolve the dispute. Learned counsel submits that the applicant neither assaulted any person with a knife nor by any other means, which is evident from the statements forming part of the charge-sheet. It is further submitted that the investigation has been completed and the charge-sheet has already been filed; therefore, no further custodial interrogation of the applicant is required. The applicant has been in judicial custody since 01.05.2026, and as 29 prosecution witnesses are yet to be examined, the conclusion of the trial is likely to take considerable time. It is also submitted that the applicant has no criminal antecedents, is the sole earning member of his family, is a permanent resident of the address mentioned in the cause title, and there is no likelihood of his absconding or tampering with the prosecution evidence. The applicant
4 is ready and willing to furnish adequate surety and abide by all such terms and conditions as may be imposed by this Hon'ble Court while granting bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, and as per the case diary, the injuries sustained by the injured are simple in nature. Moreover, the applicant has been in custody since 01.05.2026, and the conclusion of the trial may take some more time.
In view of the above, this Court is of the considered opinion that the present applicant is entitled to be released on regular bail in this case. 7. Let applicant, Devendra Baghel, involved in Crime No. 31/2026, registered at Police Station - Kodenaar, District - Bastar (C.G.) for the offence punishable under Sections 296, 118(1), 109 & 3(5) of the BNS, be released on bail on furnishing personal bond with two local 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under
5 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. 8.
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 vaibhav