1 CGHC010211862026 2026:CGHC:29125 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4958 of 2026 Ghanshyam Kenwat @ Bhuru S/o Satish Kumar Kenwat Aged About 25 Years R/o Village Beharchuwan, Police Station And Tahsil Kartala, District Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Kartala, District- Korba (C.G.) ... Respondent(s) For Applicant(s) : Mr. Syed Mohammad, Advocate. For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 38/2026, registered at Police Station 2 Kartala, District- Korba (CG) for the offence punishable under Sections 296, 115(2), 351(3), 109(1) of BNS. 2. The prosecution story in brief, is that the applicant, Ghanshyam Kevat alias Bhuru, is alleged to have abused the complainant and the injured in filthy language, assaulted them by slaps and fists, and threatened them with dire consequences. On the basis of the said allegations, Crime No. 38/2026 was registered at Police Station Kartala, District Korba, for offences punishable under Sections 296, 115(2), 135(3), and 109(1) of the Bharatiya Nyaya Sanhita, 2023. After completion of the investigation, the charge- sheet was filed before the competent Court, and the applicant seeks regular bail in connection with the said offence. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that the prosecution story is inherently improbable, as the applicant was allegedly alone whereas the complainant side consisted of three persons. It is further submitted that the incident occurred immediately after the Holi festival, and a minor altercation has been falsely exaggerated into the present criminal case. He also submits that no weapon was used or recovered from the possession of the applicant, and the allegations are confined only to assault by hands and slaps. Further, the injuries sustained by the complainant side are not of such grave nature as 3 to warrant the continued incarceration of the applicant. He lastly submits that the investigation has already been completed and the charge-sheet has been filed before the competent Court. Therefore, no further custodial interrogation of the applicant is required, and his continued detention serves no useful purpose. The applicant is in jail since 09.03.2026 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 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 before the competent Court. She further submits that the applicant allegedly abused the complainant and the injured in filthy language, assaulted them with fists and slaps, voluntarily caused injuries, as a result of which, the complainant sustained simple injury, but the injured sustained grievous injury and as per CT Scan report, the injured sustained multiple hemorrhagic contusions with cerebral edema, resulting in a 7.0 mm midline shift, along with a subdural hemorrhage over the left cerebral convexity. The CT findings indicate serious, grievous, and potentially life-threatening head injuries, reflecting the gravity of the assault. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant is alleged to have assaulted the complainant and the injured by hand and fist, on account of which, though the complainant sustained simple injury, but the injured sustained grievous injury and further as per CT Scan report, it transpires that the injured sustained serious head injuries, including multiple focal hemorrhagic contusions with perifocal edema involving the left fronto-temporal and bilateral parietal lobes, resulting in a significant mass effect with compression of the adjacent sulci and left lateral ventricle, causing a midline shift of 7.0 mm towards the right. The CT scan further reveals a thin rim of subdural hemorrhage over the left cerebral convexity and tentorium cerebelli. The nature and extent of these intracranial injuries prima facie indicate that the injuries are grievous and potentially life-threatening, demonstrating the seriousness of the assault, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant-Ghanshyam Kenwat @ Bhuru, involved in Crime No. 38/2026, registered at Police Station Kartala, District- Korba (CG) for the offence punishable under Sections 296, 115(2), 351(3), 109(1) of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to 5 proceed and conclude the trial expeditiously. 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 Akhil