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2026 DAILYLAW 27946 (CHH)

SODI JOGA v. STATE OF CHHATTISGARH

MCRC/6399/2026 · 2026-07-19

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Judgment text

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1 CGHC010259142026 2026:CGHC:30628 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6399 of 2026 Sodi Joga S/o Late Shri Hadma Aged About 35 Years R/o Village Damapara, Police Station - Phulbagdi, District Sukma Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Sukma, Distt. Sukma Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Ishwar Jaiswal, Advocate. For Respondent(s) : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.07.2026 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. 19/2025, registered at Police Station Sukma, Distt. Sukma (CG) for the offence punishable under Sections 296, 351(3), 109, 3(5) of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The prosecution story in brief, is that the complainant lodged a report at Police Station Sukma alleging that a dispute arose between the accused persons and the injured over a business- related issue in the complainant's courtyard. During the altercation, the accused persons allegedly abused and assaulted the injured with hands and fists, while one of the co-accused, which is present applicant allegedly inflicted knife injuries upon him. On the basis of the said report, the police registered the offence, conducted investigation, and filed the charge-sheet against the accused persons. 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 two of the co-accused persons, namely, Hitesh Sodi and Deva Madvi have already been granted bail by this Court vide common order dated 09.09.2025 passed in MCRC No.7156 of 2025. He also submits that no seizure of any incriminating article or knife has been made from the possession of the present applicant, further there is delay of 50 days in lodging the FIR. The applicant is in jail since 05.04.2025 and the trial is likely to take some time for its conclusion, so far as the status of trial is concerned, out of 11 witnesses, the statement of 10 witnesses have already been recorded. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail 3 application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the co-accused persons were enlarged on bail on the ground that they were not the principal assailants and were alleged only to have assaulted the injured with hands and fists, whereas the present applicant is alleged to be the main assailant who inflicted knife blows upon the injured, resulting in grievous injuries, hence the role attributed to the present applicant is distinct and more serious than that of the co-accused who have been granted bail, and, therefore, the applicant cannot claim parity with them. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the material available on record prima facie reveals that the present applicant is attributed the principal and active role in the commission of the alleged offence. As per the prosecution case, while the co-accused allegedly restrained the injured, the present applicant, armed with a sharp-edged knife, first attempted to slit the neck of the injured and thereafter inflicted multiple knife blows on his abdomen, waist and back with the avowed intention of causing his death. The medical report further indicates that the injured remained admitted in the hospital from 15.02.2025 to 13.03.2025, which prima facie substantiates the grievous nature 4 of the injuries sustained by him. It is also significant that the co- accused, Hitesh Sodi and Deva Madvi, were granted bail by this Court primarily on the ground that the present applicant, Sodi Joga, was the main assailant who inflicted the knife injuries upon the injured, therefore, the principle of parity is not available to the present applicant, so far as the status of trial is concerned, out of 11 witnesses, the statement of 10 witnesses have already been recorded, hence the trial is on the verge of its completion. As such, in view of the gravity and nature of the allegations, the specific overt act attributed to the applicant, the manner in which the offence is alleged to have been committed and the severity of the injuries suffered by the victim, this Court is not inclined to enlarge the applicant on bail. 7. Accordingly, the bail application of applicant-Sodi Joga, involved in Crime No. 19/2025, registered at Police Station Sukma, Distt. Sukma (CG) for the offence punishable under Sections 296, 351(3), 109, 3(5) of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to 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. Sd/- (Ramesh Sinha) Chief Justice Akhil