1 CGHC010195002026 2026:CGHC:30061 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4582 of 2026 Jaiveer Singh Tanwar @ Rajesh S/o Hira Singh Tanwar Aged About 31 Years R/o Village Bendarkona, Patel Para, Post- Godi, Police Station Civil Line Rampur, District Korba C.G. ... Applicant(s) versus State Of Chhattisgarh Through Police Station Civil Line Rampur, District- Korba C.G. ... Non-applicant(s) For Applicant : Mr. Anshul Tiwari, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/07/2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 279/2026 registered at Police Station- Civil Line, Rampur, District- Korba (C.G.), for the offence punishable under Sections 296, 115(2), 132, 121 and 105 of BNS. 2. Case of the prosecution, in brief, is that on 30.03.2026, the complainant Bal Chainya, who was working in the Post-Mortem KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Room of District Hospital, Korba, was performing the post-mortem formalities and packing the dead body of one Lal Singh Manjwar after completion of the post-mortem examination. At that time, the present applicant allegedly obstructed the discharge of official duties by insisting that the work be completed immediately and thereafter abused the complainant in filthy language, assaulted him with fists and blows, caught hold of his collar and forcefully pushed him against the wall, causing injuries to his head. On the basis of the written complaint lodged by the complainant, FIR was registered on 02.04.2026. During treatment, the condition of the complainant deteriorated and on the intervening night of 06.04.2026, he succumbed to his injuries. During merg inquiry, statements of witnesses were recorded, treatment papers and bed- head ticket were collected and post-mortem examination was conducted. As per the post-mortem report, the cause of death was opined to be haemorrhagic stroke resulting from head trauma. Accordingly, after completion of investigation, Section 105 of the BNS was also added against the present applicant and charge- sheet has been filed before the competent Court for the aforesaid offences. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has not committed the alleged offence. He submits that the deceased/complainant himself had demanded money and liquor for packing the dead body and when the applicant objected and attempted to record the incident on his mobile phone, a false case was subsequently 3 registered against him. He further submits that even if the prosecution case is accepted at its face value, the medical evidence does not conclusively establish that the alleged assault was the direct cause of death, as the post-mortem report merely states that haemorrhagic stroke could have been precipitated by trivial head trauma, while the bed-head ticket also records that the deceased was a chronic alcoholic and had a previous history of cerebrovascular accident. It is further submitted that the CCTV footage of the incident has not been collected by the investigating agency despite a written request made by the applicant to the Superintendent of Police. He further submits that the applicant is the elected Sarpanch of the village Bendarkona, has remained in custody since 07.04.2026, charge-sheet has already been filed, trial is likely to take considerable time and he has only one criminal antecedent, which has been duly explained in paragraph 4(a) of the bail application. Therefore, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the allegations against the applicant are serious in nature. She submits that the applicant assaulted the deceased while he was discharging his official duties inside the Post-Mortem Room of the District Hospital and the deceased sustained head injuries, to which he later succumbed during treatment. She further submits that the post-mortem report specifically opines that the cause of death was haemorrhagic stroke resulting from head trauma and the statements of the witnesses 4 recorded during investigation duly support the prosecution case. She further submits that merely because the deceased had certain pre-existing medical conditions would not dilute the criminal liability of the applicant at this stage. It is also submitted that though the applicant has only one criminal antecedent, the same has been explained by him, however, considering the gravity and seriousness of the allegations, no case for grant of bail is made out. Accordingly, she prays for rejection of the bail application. 5. I have heard learned counsel for the parties and perused the bail application with utmost circumspection. 6. Considering the facts and circumstances of the case, nature of allegations and the material available in the case diary, the fact that the applicant is in custody since 07.04.2026, the charge-sheet has already been filed before the competent Court and no further custodial interrogation is required, coupled with the fact that the prosecution case primarily rests upon medical and documentary evidence which shall be tested during trial, the post-mortem report indicates that the haemorrhagic stroke could have been precipitated by trivial head trauma and the bed-head ticket also reflects pre-existing medical ailments of the deceased, the applicant has only one criminal antecedent which has been explained in the bail application and the trial is likely to take considerable time for its conclusion, therefore, without commenting anything on the merits of the case, I am inclined to grant bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let the applicant – Jaiveer Singh Tanwar @ Rajesh, involved in 5 Crime No. 279/2026 registered at Police Station- Civil Line, Rampur, District- Korba (C.G.), for the offence punishable under Sections 296, 115(2), 132, 121 and 105 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 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, 6 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dirurt fo forthwith. - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal