Extracted from the PDF above. The PDF is authoritative.
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CGHC010257692026
2026:CGHC:28212
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6051 of 2026 1 - Ajay Banjare S/o Ramcharan Banjare, Aged About 38 Years R/o Singhanpur, Police Station Kosir, District Sarangarh-Bilaigarh (C.G.) 2 - Meghnath Kurban, S/o Parasram Kurban, Aged About 25 Years R/o Singhanpur, Police Station Kosir, District Sarangarh-Bilaigarh (C.G.) 3 - Bhupendra Ratnakar, S/o Hariram Ratnakar, Aged About 30 Years R/o Village Bataupali, Police Station Kosir, District Sarangarh-Bilaigarh (C.G.) (Description Of Applicant Mentioned As Per Charge Sheet)
... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Kosir, District Sarangarh-Bilaigarh (C.G.)
... Respondent(s) For Applicant(s) : Mr. Raghvendra Pradhan, Advocate. For Respondent(s) : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 08/07/2026
1. This is the first bail application filed under Section 483 of the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 47/2026 registered at Police Station Kosir, District Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 109, 351(3), 191(3), 190, 118(1) and 296 of BNS.
2. Case of the prosecution, in brief, is that on 31.03.2025 at about 1:00 PM, the complainant, Hemkumar Lahare, along with approximately 50–60 villagers, had gone from Saraiva to Mirauni Dam, Singhnapur, for a picnic. It is alleged that at about 4:00–5:00 PM, while the complainant was changing his clothes after taking a bath, the present applicant and other co-accused persons, who were allegedly present near a shop situated beneath the bridge of Mirauni Dam, picked up a quarrel with the complainant party, abused them in filthy language, and thereafter formed an unlawful assembly and assaulted the complainant and his companions with knives, sticks and iron rods, causing injuries to them. It is further alleged that the accused persons also criminally intimidated the complainant party by threatening to kill them if they did not leave the place. Thereafter, the applicants were arrested on 02.04.2026. Hence, the bail application.
3.
Learned counsel for the applicants submits that the applicants have not committed any offence and he has been falsely implicated in offence in question. He further submits that during
3 the course of hearing of the bail application before the learned Court below, the complainant personally appeared and did not raise any objection to the grant of bail to the present applicants. The applicants are in jail since 02.04.2026, the applicants have no criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he 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. He further submits that the applicants allegedly in collusion with other co-accused persons, formed an unlawful assembly and assaulted the complainant and his companions with knives, sticks and iron rods, causing injuries and extending threats to kill them. Therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 02.04.2026, the fact that though the applicants allegedly in collusion with other co-accused persons, formed an unlawful assembly and assaulted the complainant and his companions with knives, sticks and iron rods, causing injuries and extending threats to kill them, but considering the fact that as per the MLC
4 Report, the injuries sustained by the injured are on non-vital parts of the body and the complainant personally appeared and did not raise any objection to the grant of bail to the present applicants, further considering the fact that the applicants have no criminal antecedents and charge-sheet has been filed, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8.
7. Accordingly, the application is allowed. 8. Let the Applicants-Ajay Banjare, Meghnath Kurban and Bhupendra Ratnakar, involved in Crime No. 47/2026 registered at Police Station Kosir, District Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 109, 351(3), 191(3), 190, 118(1) and 296 of BNS, 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
5 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 for necessary information and compliance. Sd/-
(Ramesh Sinha)
CHIEF JUSTICE Akhil