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2026 DAILYLAW 25750 (CHH)

RAJU DEWANGAN v. STATE OF CHHATTISGARH

MCRC/5043/2026 · 2026-07-08

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Judgment text

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1 CGHC010217442026 2026:CGHC:28688 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5043 of 2026 1 - Raju Dewangan S/o Sitaram Dewangan Aged About 34 Years R/o Village - Pakariya, Police Station - Shivarinarayan, District - Janjgir - Champa (C.G.) … Applicant(s) versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station -Shivarinarayan, District-Jangir-Champa (C.G.) ... Respondent(s) For Applicant(s) : Mr. P.M. Shriwas, Advocate For Respondent(s)/State : Mr. Shubham Bajpai, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2026 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 RUCHI YADAV Digitally signed by RUCHI YADAV 2 No. 139/2026 registered at Police Station- Shivrinarayan, District- Janjgir- Champa (C.G.) for the offence punishable under Sections 296, 115 (2), 351 (3), 118 (1), 119(1) and 3(5) of BNS. 2. The prosecution case, in brief, is that on 11.04.2026, the complainant, namely Janoo Patel, lodged an oral report at Police Station Shivrinarayan, District Janjgir-Champa (C.G.), alleging that he had gone to Korba at about 6:00 A.M. in search of work and was returning to his village. When he reached near Kerabadi Chowk, Bade Nala, the present applicant, along with a co- accused, namely Akash Dhobi, allegedly approached him and demanded money to purchase liquor. Upon the complainant's refusal to pay, both the accused persons allegedly assaulted him with a blade, causing serious injuries. On the basis of the aforesaid oral report, the First Information Report (FIR) was registered. The injured complainant was thereafter subjected to medical examination, and during the course of the investigation, the present applicant was arrested by the concerned prosecution authorities on the same day. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that although the prosecution alleges that the applicant, along with the co-accused, assaulted the complainant with a blade, the injuries sustained by the complainant are simple in nature, as per MLC repport. It is further submitted that the applicant has been in judicial custody since 11.04.2026, the 3 charge-sheet has already been filed, and the conclusion of the trial is likely to take considerable time. On these grounds, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been filed before the competent Court in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the nature of allegations, the fact that the injuries sustained by the injured are simple in nature as reflected in the MLC report, the period of custody undergone by the applicant since 11.04.2026, the fact that the charge-sheet has already been filed and, therefore, the custodial interrogation of the applicant is no longer required and further considering that the conclusion of the trial is likely to take considerable time, this Court is of the opinion that the applicant has made out a case for grant of bail. Accordingly, without expressing any opinion on the merits of the case, the present bail application deserves to be and is hereby allowed. 7. Let the Applicant –Raju Dewangan involved in Crime No.- 139/2026 registered at Police Station- Shivarinarayan, District- Janjgir- Champa (C.G.) for the offence punishable under under Sections 296, 115 (2), 351 (3), 118 (1), 119(1) and 3(5) of BNS, be released on bail on furnishing personal bond with two sureties 4 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 his 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. 5 (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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, 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 Ruchi