1 CGHC010194712026 2026:CGHC:28590 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4656 of 2026 1 - Durpati Kashyap W/o Ganesh Ram Kashyap Aged About 45 Years R/o Village - Natkela Budena, Police Station - Navagarh, District Janjgir Champa Chhattisgarh 2 - Chandrapal Kashyap S/o Ganesh Ram Kashyap Aged About 27 Years R/o Village - Natkela Budena, Police Station - Navagarh, District Janjgir Champa Chhattisgarh ... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station - Navagarh, District Janjgir-Champa Chhattisgarh ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Deepak Kumar Nishad, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer For Complainant : Shri Pawan Kumar Kashyap, Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09.07.2026 1. This is the first application for grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The applicants were arrested on 20.02.2026 in connection with Crime No. 63/2026 registered at Police Station Navagarh, District Janjgir-Champa (C.G.) for the offences punishable under Sections 296, 351(3), 115(2), 331(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The present application arises out of Bail petition No. 334/2026 RAHUL JHA Digitally signed by RAHUL JHA Date: 2026.07.10 12:01:40 +0530 2 2. As per the prosecution case, on account of a family dispute relating to land, the applicants along with other co-accused persons assaulted the complainant’s family members. It is alleged that applicant No.1 assaulted injured Dukhnee Bai with an axe causing a head injury. Accordingly, the offence under Sections 296, 351(3), 115(2), 331(2), 109 and 3(5) of the BNS, 2023 was registered and the applicants were arrested on 20.02.2026. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated due to a family land dispute. It is submitted that no axe has been recovered from the applicants. The injuries are not dangerous to life and the victim herself refused to undergo CT scan for medical assessment of the grievousness of the injury. It is further submitted that the Applicant No.1 is a woman, the applicants are in custody since 20.02.2026, the trial is likely to take time and there is no likelihood of their absconding or tampering with the prosecution evidence. 4. Per contra, learned State counsel opposes the prayer for bail and submits that the applicants have assaulted the victim with an axe causing head injury. The allegations are supported by the statements of the witnesses and, considering the gravity of the offence, the applicants are not entitled to bail. 5. Learned counsel for the complainant and injured submits that the complainant as well as the injured have filed a No Objection Certificate (NOC) stating that they have no objection if the applicants are enlarged on bail. It is submitted that the parties, being family members, have amicably resolved their dispute out of Court and the NOC has been filed voluntarily, without any threat, coercion or undue influence. 6. I have heard learned counsel for the parties and perused the case diary. 7. Having considered the rival submissions of learned counsel for the parties, this Court finds that the incident appears to have arisen out of a family dispute relating to land. The applicants are in judicial custody since 20.02.2026. No axe alleged to 3 have been used in the incident has been recovered from the applicants. Though the victim sustained a head injury, she refused to undergo CT scan examination and, therefore, there is no material on record to ascertain the grievousness of the injury. This Court also takes note of the fact that the complainant as well as the injured have themselves filed a No Objection Certificate stating that they have no objection to the grant of bail to the applicants. Considering the aforesaid facts, the charge-sheet has already been filed while the trial is likely to take some time to conclude and, without expressing any opinion on the merits of the case, this Court is of the opinion that it is a fit case to extend the benefit of regular bail to the applicants. 8. Let the applicants, Durpati Kashyap and Chandrapal Kashyap, involved in Crime No. 63/2026 registered at Police Station Navagarh, District Janjgir-Champa (C.G.) for the offences punishable under Sections 296, 351(3), 115(2), 331(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on each of them furnishing a personal bond with two sureties in the like amount to the satisfaction of the Court concerned, subject to 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 4 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 within one week from today. Sd/- (Ramesh Sinha) Chief Justice Rahul