Extracted from the PDF above. The PDF is authoritative.
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CGHC010212192026
2026:CGHC:32121
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5370 of 2026 Pulastnandan Sahu S/o Late Gaya Ram Sahu Aged About 42 Years R/o Village Bagdai, P.S Gurur, District Balod, (C.G.)
... Applicant versus State of Chhattisgarh Through, P.S.- Gurur, District Balod, (C.G.)
... Non-applicant For Applicant : Mr. B.P. Singh, Advocate. For Non-Applicant/State : Ms. Anktia Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.07.2026
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. 62/2026 registered at Police Station – Gurur, District – Balod (C.G.), for the offence punishable under Sections 296, 351(3), 118(1), 118(2) and 109(1) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on 17.03.2026, the injured and his wife were passing through the agricultural field of the applicant, where a crop of gram (chana) had been cultivated. It is alleged that, while passing through the field, they caused damage to the applicant’s standing crop. When the applicant requested them to stop, the injured and his wife ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.28 17:32:17 +0530
2 allegedly abused him and attempted to assault him with a club. During the course of the incident, the applicant allegedly used a wooden khuta, as a result of which the injured sustained injuries. Thereafter, an F.I.R. was registered against the applicant, and upon completion of the investigation, the police filed the charge-sheet before the competent Court. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the injured remained hospitalized for 06 days, after which he was discharged. It is submitted that the injured recovered and returned to his normal condition. He submitst that the incident occurred all of a sudden when the crops cultivated by the applicant were damaged by the injured and his wife while passing through his field. Therefore, there was neither any intention on the part of the applicant to cause injuries nor any premeditation to commit the alleged offence. He also submits that the dispute arose at the instance of the complainant’s side.
When the applicant requested the injured and his wife not to pass through his agricultural field, they allegedly abused and assaulted the applicant. In order to defend himself, the applicant picked up a wooden khuta of a Babool tree lying near the field and used the same in the exercise of his right of private defence. He submits that the applicant has no criminal antecedents and he is in jail since 17.03.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that the present applicant assaulted the complainant's husband with a wooden stake (khuta) on the head, as a result of which he sustained a grievous injury in the left parietal bone, resulting in a fracture. She further submits that the
3 investigation has been completed, the charge-sheet has been filed before the competent Court, and considering the nature and gravity of the offence as well as the specific role attributed to the applicant, he is not entitled to the grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations, the specific role attributed to the present applicant, and the fact that the applicant is alleged to have assaulted the complainant's husband on the head with a wooden stake (khuta), causing a grievous injury to the left parietal bone, resulting in a fracture, this Court is not inclined to extend the benefit of bail to the applicant. Therefore, having regard to the gravity of the offence and the manner in which it was allegedly committed, the bail application filed by the applicant deserves to be and is hereby rejected. 7.
Accordingly, the first bail application of the applicant – Pulastnandan Sahu, involved in Crime No. 62/2026 registered at Police Station – Gurur, District – Balod (C.G.), for the offence punishable under Sections 296, 351(3), 118(1), 118(2) and 109(1) of the Bhartiya Nyaya Sanhita, 2023, 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 forthwith. Sd/-
(Ramesh Sinha)
Chief Justice Abhishek