1 CGHC010172892026 2026:CGHC:30978 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4037 of 2026 Rahaslal Banjare S/o Saheblal Banjare Aged About 67 Years R/o Village- Devgaon, Police Station- Masturi, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Masturi, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Ms. Richa Dwivedi, Advocate. For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer. For Objector : Mr. Ishwar Jaiswal, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.07.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 185/2026 registered at Police Station – Masturi, District – Bilaspur (C.G.), for the offence punishable under Sections 296, 115(2), 118(2), 351(3) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, the complainant, namely Anita Banjare, lodged a complaint against the present applicant along with the other co- ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.22 16:49:28 +0530 2 accused persons, alleging that on 17.03.2026, at about 08:00 A.M., the applicant, along with the other co-accused, namely Raju Banjare and Prem Banjare, came to the agricultural field and assaulted the complainant’s husband, brother-in-law, father-in-law, and son with a spade and sticks over a dispute regarding the digging of the foundation for the construction of a house on the land. As a result, all of them allegedly sustained grievous injuries and were admitted to Vegas Hospital, where they are undergoing treatment. Based on the said complaint, the police registered the aforesaid crime against the present applicant and the other co-accused persons and thereafter arrested them. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the aforesaid case. He also submits that the applicant has neither committed nor been involved in the alleged offence. He has been falsely implicated in the present case merely on the basis of false and baseless allegations. He submits that the true facts of the case are that, in fact, the complainant and his associates assaulted the co-accused, Raju Banjare, in respect of which he also lodged an FIR against them, bearing Crime No. 184/2026. He also submits that the applicant was never present at the spot of the alleged incident. However, since he is the brother of co-accused Raju Banjare, the complainant has falsely implicated him by naming him in the complaint. He further submits that the other co-accused persons, namely, Premlal Banjare and Raju Banjare, have already been granted regular bail by this Court vide orders dated 22.06.2026 and 09.07.2026 in MCRC No. 5420 of 2026 and MCRC No. 5968 of 2026. Therefore, the applicant is also entitled to be released on regular bail on the ground of parity. 3 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has already been filed in the present case. However, he could not dispute the fact that identically situated co-accused persons have already been granted regular bail by this Court. 5. Mr. Ishwar Jaiswal, learned counsel appearing for the objector, also opposed the prayer for grant of bail to the present applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case and the fact that the other co-accused persons, namely, Premlal Banjare and Raju Banjare, have already been granted regular bail by this Court vide orders dated 22.06.2026 and 09.07.2026 in MCRC No. 5420 of 2026 and MCRC No. 5968 of 2026, also considering the fact that the charge- sheet has already been filed before the competent Court and that the applicant has been in jail since 30.03.2026, conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 8. 8. Let the Bail of the Applicant – Rahaslal Banjare, involved in Crime No. 185/2026 registered at Police Station – Masturi, District – Bilaspur (C.G.), for the offence punishable under Sections 296, 115(2), 118(2), 351(3) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 she 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 4 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 her in accordance with law. 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 Abhishek