1 CGHC010202632026 2026:CGHC:28769 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4749 of 2026 1 - Bhuneshwar Jangde @ Montu S/o Santosh Aged About 22 Years R/o Village Khairtal, Police Station Balodabazar- District- Balodabazar- Bhatapara (Chhattisgarh) 2 - Omprakash Satyam @ Hrithik S/o Daulatram Aged About 25 Years R/o Village Khairtal, Police Station Balodabazar- District- Balodabazar- Bhatapara (Chhattisgarh) --- Applicants versus State Of Chhattisgarh Through The Police Station City Kotwali, Balodabazar, District- Balodabazar- Bhatapara (C.G.) --- Non-Applicant MCRC No. 4988 of 2026 1 - Hiralal Urf Sonu Tandon S/o Kartik Tandon Aged About 25 Years R/o Village Bhadrapali, P.S. City Kotwali, Balodabazar, District Balodabazar-Bhatapara (C.G.) 2 - Vikas Motu Tandon S/o Jagmohan Tandon Aged About 22 Years R/o Village Bhadrapali, P.S. City Kotwali, Balodabazar, District Balodabazar-Bhatapara (C.G.) KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.11 10:54:37 +0530 2 3 - Sameer Urf Sakla Saytode S/o Ghanshyam Saytode Aged About 20 Years R/o Village Bhadrapali, P.S. City Kotwali, Balodabazar, District Balodabazar-Bhatapara (C.G.) ---Applicants Versus State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali, Balodabazar, District Balodabazar-Bhatapara (C.G.) --- Non-Applicant For Applicants in MCRC No.4749/26 : Shri Pragalbh Sharma appears on behalf of Shri Deepak Kumar Jain, Advocate. For Applicants in MCRC No.4988/26 : Shri Pragalbh Sharma, Advocate. For Non-Applicant : Miss Ankita Shukla, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09/07/2026 1. Since the aforesaid bail applications arise out of same crime number, they are being disposed of by this common order. 2. These are the first bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.138/2026 registered at Police Station City Kotwali, Baloda Bazar District Baloda Bazar- Bhatapara (C.G.) for the offence under Sections 109 (1), 117 (2), 333, 191 (2), 296, 115 (2) & 351 (2) of the BNS, 2023. 3. The prosecution case, in brief, is that on 17.2.2026, the 3 complainant filed a written complaint with the concerned Police Station stating that on 14.2.2026 at about 9 pm, while he, his wife and children were at his betel shop in front of Rishi Petrol Pump near Bhadrapali turning, some unknown persons reached there to buy Gutkha. An altercation took place when the buyers alleged that Gutkha was being sold at an higher rate. The said unknown persons started vandalizing items of the shop and hurling abuses. Upon resistance by the complainant and his wife, the assailants gave death threat and attacked the complainant with spade lying nearby, causing serious injuries on his left hand and head (including parietal bone fracture), on the basis of which FIR was initially registered against unknown persons. During subsequent investigation, the police arrayed the present applicants as accused. Hence the bail applications. 4. It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the crime. FIR was registered against unknown persons 3 days after the incident. The weapon of offence i.e. spade has not been seized from the present applicants and the said was seized from co-accused Sandeep Tandon. The applicants are young boys aged between 20 & 25 years. The applicants do not have any previous antecedents. They are in jail since 10.3.2026. Therefore, the applicants may be released on bail. 5. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the 4 applicants do not have any previous antecedents and the charge sheet has been submitted against the applicants. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, and the fact that the charge sheet has already been submitted against the applicants, the applicants do not have any previous antecedents, the applicants are in jail since 10.3.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicants are entitled to be released on bail in the present case. 8. Let the Applicants – Bhuneshwar Jangde @ Montu, Omprakash Satyam @ Hrithik, Hiralal Urf Sonu Tandon, Vikas Motu Tandon & Sameer Urf Sakla Saytode, involved in Crime No.138/2026 registered at Police Station City Kotwali, Baloda Bazar, District Balodabazar-Bhatapara (C.G.) for the offence under Section 109 (1), 117 (2), 333, 191 (2), 296, 115 (2) & 351 (2) of the BNS, 2023, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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, 5 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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 applicants 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 applicants are 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 6 against them 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. Sd/- (Ramesh Sinha) Chief Justice Barve