1 CGHC010246432026 2026:CGHC:28414 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5968 of 2026 Raju Banjare S/o Saheblal Banjare Aged About 45 Years R/o Village Devgaon, Police Station Masturi, District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Masturi, District Bilaspur (C.G.) ... Respondent For Applicant : Mr. Kunwar Sahu, Advocate. For Non-applicant/State : Mr. Subham Bajpai, Panel Lawyer. 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 No.185/2026 registered at Police Station – Masturi, District Bilaspur (C.G.) for the offences punishable under Sections 296,115(2),118(2) & 351(3) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.09 19:08:32 +0530 2 2. Case of the prosecution, in brief, is that, on the basis of a First Information Report lodged by the complainant, Smt. Anita Banjare, at Police Station Masturi, District Bilaspur (C.G.), it was alleged that on 17.03.2026, the accused persons, namely, Prem Banjare, Rahas Banjare and Raju Banjare (present applicant), in furtherance of their common intention, intentionally abused and assaulted the complainant's husband, elder brother-in-law and nephew, namely, Ashish Banjare, Chandra Kumar Banjare and Pradeep Banjare, by means of an iron spade and bamboo sticks, causing grievous injuries to them. It was further alleged that the injured persons were immediately admitted to Vagus Hospital, Bilaspur, where they remained under treatment. On the basis of the said report, the present crime was registered and investigation was set into motion. During the course of investigation, statements of the complainant, the injured persons and other witnesses were recorded under the relevant provisions of law, the place of occurrence was inspected, and the bed head tickets as well as medico-legal reports of the injured persons were collected. Upon scrutiny of the medical documents, grievous injuries sustained by injured Chandra Kumar Banjare were found, whereupon Section 118(2) of the Bharatiya Nyaya Sanhita, 2023 was added in the case. During investigation, the accused persons were interrogated and, pursuant to their memorandum statements, an iron spade allegedly used in the commission of the offence was recovered at the instance of accused Raju Banjare, while a bamboo stick allegedly used in the incident was recovered at the instance of co-accused Prem Banjare in the presence of witnesses. Thereafter, seizure proceedings were duly conducted and the accused persons were arrested in accordance with law. The 3 medical records of Vagus Hospital, Bilaspur, revealed that injured Chandra Kumar Banjare remained hospitalized from 17.03.2026 to 21.03.2026 and had sustained a grievous injury on the vital part of the body, namely, the head. The medico-legal report further disclosed that another injured person, Pradeep Banjare, had also sustained grievous injuries. Upon completion of the investigation, finding sufficient material against the accused persons for commission of the alleged offences, the charge-sheet was filed before the competent Trial Court. 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 the applicant has not committed the alleged offence and has been roped in due to a longstanding land dispute between the complainant party and the accused party. It is further submitted that, on the date of the alleged incident, the complainant party was the aggressor and had assaulted the accused party with an iron rod, during which the applicant sustained injuries on his palm while trying to save himself, and the applicant's brother also suffered grievous injuries. It is submitted that the applicant had, in fact, first lodged a report at Police Station Masturi, on the basis of which Crime No. 184/2026 was registered against the complainant party for the offences punishable under Sections 115(2), 296, 3(5) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, and the present FIR has been lodged only as a counterblast to the said report. Learned counsel further submits that the co-accused has already been enlarged on bail by this Court in MCRC No. 5420/2026 vide order dated 22.06.2026, and the case of the present applicant stands on the same footing. It is also submitted that the applicant is the sole breadwinner of his family, has been in 4 judicial custody since 30.03.2026, the charge-sheet has already been filed, and the conclusion of the trial is likely to take considerable time. Therefore, it is prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned counsel for the State, opposes the bail application of the applicant. 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, the nature and gravity of the allegations levelled against the present applicant, and the fact that the co-accused, namely Premlal Banjare, has already been granted bail vide order dated 22.06.2026 passed in MCRC No. 5420 of 2026, and further considering that the charge-sheet has already been filed before the competent Court, that the applicant has been in judicial custody since 30.03.2026, and that the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Raju Banjare, involved in Crime No.185/2026 registered at Police Station – Masturi, District Bilaspur (C.G.) for the offences punishable under Sections 296,115(2),118(2) & 351(3) of the BNS, 2023, be released on bail on furnishing 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 5 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. 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