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2026 DAILYLAW 24940 (CHH)

JOGA RAM KUNJAM v. STATE OF CHHATTISGARH

MCRC/5929/2026 · 2026-07-05

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1 CGHC010243672026 2026:CGHC:27696 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5929 of 2026 Joga Ram Kunjam S/o Lakhama Kunjam Aged About 32 Years R/o Badepara Bacheli P.S. Bacheli District South Bastar Dantewada (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Bacheli, District – Dantewada (C.G.) ---- Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 16/2026, registered at Police Station – Bacheli, District – Dantewada (C.G.) for the offence punishable under Sections 296 and 109(2) of the BNS and Sections 25 and 27 of the Arms Act. 2. The case of the prosecution, is that on 08.04.2026, the accused assaulted the victim by means of a sharp-edged weapon, as a result of which the victim sustained injuries on his finger, head, fact and cheek. Further, there is an allegation regarding recovery of a stuck vehicle. On the basis of the said allegations, an FIR came to be registered and the applicant was arrested. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 innocent and has been falsely implicated in this case and the charge- sheet has been filed in this case. The applicant is said to have caused injuries to the two injured persons, out of which one injured namely Manish has suffered a chop-wound and the other one has also suffered injuries on his parietal region, and though the injuries sustained to the injured persons are grievous in nature, but neither there is any X-ray report to show that the injured persons have suffered any internal damage nor has the injured undergone any surgery. The applicant is in jail since 09.04.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that the applicant is said to have assaulted the injured persons with a sharp edged weapon due to which they have sustained some injuries on their person, and as per the MLC report, the injuries are grievous in nature and dangerous to life, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that charge-sheet has been filed against the applicant, further the applicant is said to have caused injuries to the two injured persons, out of which one injured namely Manish has suffered a chop-wound and the other one has also suffered injuries on his parietal region, and though the injuries sustained to the injured persons are grievous in 3 nature, but neither there is any X-ray report to show that the injured persons have suffered any internal damage nor has the injured undergone any surgery, the applicant is in jail since 09.04.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant – Joga Ram Kunjam, involved in Crime No. 16/2026, registered at Police Station – Bacheli, District – Dantewada (C.G.) for the offence punishable under Sections 296 and 109(2) of the BNS and Sections 25 and 27 of the Arms Act, be released on bail on his furnishing a 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 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. 4 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 six months from the date of passing of this order, 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 Rajshekhar