Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 27081 (CHH)

RAHULDEV BANJARE v. STATE OF CHHATTISGARH

MCRC/6368/2026 · 2026-07-15

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010271742026 2026:CGHC:30200 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.6368 of 2026 Rahuldev Banjare S/o Ramkrishna Banjare Aged About 26 Years R/o Singhanpur Police Station Kosir, District- Sarangarh-Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through- The Station House Officer, Police Of Police Station Kosir, District- Sarangarh-Bilaigarh (C.G.) ... Non-applicant _____________________________________________________ For Applicant :Mr. Raghavendra Pradhan, Advocate. For Non-applicant/State :Mr. Sumit Singh, Dy. A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.47/2026 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.16 16:28:57 +0530 2 Station Kosir, District Sarangarh-Bilaigarh (C.G.), for the offences under Sections 109, 351(3), 191(3), 190, 118(1) and 296 of BNS. 2. Briefly stated, the facts of the case are that on 31.03.2026 at about 1:00 p.m., complainant Hemkumar Lahare, along with his friends, had gone to Mirauni Dam, Singhanpur for a picnic. At about 5:30 p.m., a dispute arose over changing clothes, whereupon the present Applicant, along with the co- accused, allegedly abused the complainant in filthy language, threatened to kill him, and with the intention to commit murder, assaulted complainant him and the injured persons namely Gaurav Gautam @ Golu, Ghanshyam Bharti and Ravi Bhardwaj, by means of a knife, wooden sticks and an iron rod, causing injuries to them. During the investigation, two bamboo sticks, one bloodstained pant and one bloodstained shirt were seized. Based on these allegations, the offences as mentioned above, have been registered against the present Applicant. Hence, this application. 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 name of the present Applicant does not find place in the FIR and that he has been implicated merely because he is a resident of Village 3 Singhanpur. It is further submitted that co-accused persons namely Ajay Banjare, Meghnath Kurban and Bhupendra Ratnakar have been granted regular bail by this Court vide order dated 08.07.2026 passed in M.Cr.C No.6051/2026, the Applicant has been in judicial custody since 02.04.2026, the investigation has been completed, the charge-sheet has been filed and the trial is likely to take considerable time for its conclusion, therefore, he may be granted regular bail on the ground of parity. 4. On the other hand, learned State Counsel opposes the bail application, but does not dispute that co-accused have already been granted bail by this Court vide order dated 08.07.2026. 5. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the material available in the case dairy, the period of custody of the Applicant since 02.04.2026, the fact that co-accused persons namely Ajay Banjare, Meghnath Kurban and Bhupendra Ratnakar have been granted regular bail by this Court vide order dated 08.07.2026 passed in M.Cr.C No.6051/2026, the trial is likely to take considerable time for its conclusion and without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow 4 the application. Accordingly, the bail application is allowed. 6. Let Applicant-Rahuldev Banjare involved in Crime No. 47/2026 registered at Police Station Kosir, District Sarangarh- Bilaigarh (C.G.), for the offences under Sections 109, 351(3), 191(3), 190, 118(1) and 296 of BNS be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant/s shall file an undertaking to the effect that he/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, 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/s shall remain present before the trial court on each date fixed, either personally or through his/their counsel. In case of his/their absence, without sufficient cause, the trial court may proceed against him/them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant/s misuse/s the liberty of bail during trial and in order to secure his/their presence, proclamation under Section 84 of BNSS. is issued and the applicant/s fail/s to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant/s shall remain present, in person, before the trial court on the dates fixed 5 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/s 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/them in accordance with law. 7. 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 Priya