Extracted from the PDF above. The PDF is authoritative.
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CGHC010267992026
2026:CGHC:30202
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6364 of 2026 1 - Sammelal Patle S/o Late Khemlal Patle Aged About 56 Years R/o Bhilai Bazar, P.S. Hardi Bazar, Tehsil- Hardi Bazar District Korba (C.G.) 2 - Son Bai W/o Sammelal Patle Aged About 48 Years R/o Bhilai Bazar, P.S. Hardi Bazar, Tehsil- Hardi Bazar District Korba (C.G.) 3 - Alok Kumar Patle S/o Sammelal Patle Aged About 19 Years R/o Bhilai Bazar, P.S. Hardi Bazar, Tehsil- Hardi Bazar District Korba (C.G.)
... Applicants versus State Of Chhattisgarh Through S.H.O. Police Station- P.S. Hardi Bazar, Tehsil - Hardi Bazar, District – Korba (C.G.) ---- Non-applicant For Applicants : Mr. Bidya Nand Mishra and Mr. Ganesh Ram Burman, Advocates. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 16.07.2026
1. The applicants has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 83/2026, registered at Police Station – Hardi Bazar, District – Korba (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 3(5), 333 and 117(2) of the BNS. 2. The case of the prosecution, is that complainant Sumitra Bai W/o RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 Sundar lal Patle aged 64 years resident of Bhilai Bazar P.S. Hardibazar Dist. Korba complained to Police that on 29.05.2026 when she was in her house along with her daughter Kanti Patle, at about 1:00p.m. (afternoon) her neighbor, accused Sammelal Patle along with his wife and sons climbed over the boundary wall of the house of the complainant. When protested by the complainant, the accused started abusing with filthy words, threatened with dire consequences, threw bricks and stones over the complainant by which she received injury in left chick near left ear and on the right chick. Her daughter Kanti Patle came out on hearing such abusive words being shouted and attempted to pacify the accused but, she was also threatened by the accused and during that received injury on right side of her neck. There was nobody else in the house during this time. Complaint was made to police at Hardi Bazar Police Station. Hence the offence has been registered as per the FIR. Hence, this application. 3.
It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and the charge-sheet has been filed in this case. It is submitted that on the date of incident, the applicants are said to have assaulted injured persons and two injured have received injuries which are simple in nature. The applicants are in jail since 23.06.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that one of the injured namely Kanti Patle
3 is said to have received injuries which are said to have grievous in nature, but as the x-ray report and MLC report which is annexed with the bail application in page 35 goes to show that the injuries received by her, one is on the chest and other are sustained on non-vital part of the body, and no other internal damage has been caused. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6.
Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that on the date of incident, the applicants are said to have assaulted injured persons and injured have received injuries which are simple in nature, and another injured namely Kanti Patle is said to have received injuries which are said to have grievous in nature, but as the x-ray report and MLC report which is annexed with the bail application in page 35 goes to show that the injuries received by her, one is on the chest and other are sustained on non-vital part of the body, and no other internal damage has been caused, the charge-sheet has been filed in this case, the applicant is in jail since 23.06.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants – Sammelal Patle, Son Bai and Alok Kumar Patle, involved in Crime No. 83/2026, registered at Police Station – Hardi Bazar, District – Korba (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 3(5), 333 and 117(2) of the BNS, be released on bail on his furnishing a personal bond with two sureties
4 each 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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice Rajshekhar