1 CGHC010288122026 2026:CGHC:32314 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6760 of 2026 1 - Anuj Ram S/o Late Asha Ram Sahu Aged About 66 Years R/o Uparwah, P.S. Ghumka, District Rajnandgaon (C.G.) 2 - Loman Sahu @ Inesh Kumar S/o Anuj Ram Aged About 35 Years R/o Uparwah, P.S. Ghumka, District Rajnandgaon (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, P.S. Ghumka, District Rajnandgaon (C.G.) ... Respondent(s) For Applicant(s) : Ms. Aditi Singhvi, Advocate. For Respondent(s) : Ms. Anusha Naik, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 connection with Crime No. 24/2026 registered at Police Station Ghumka, District Rajnandgaon (C.G.) for the offence punishable under Sections 109(1), 115(2), 118(1), 296, 351(2), 3(5) of BNS. 2. Case of the prosecution, in brief, is that on 10.03.2026, at about 12:00 noon, the complainant and her husband, Kishan Lal Sahu, returned to their house after working in their agricultural field. It is alleged that applicants, Anuj Ram Sahu and Loman Sahu were plucking sem (bean) pods from a sem plant growing inside the complainant's fenced premises. When the complainant and her husband objected, the accused persons abused them in filthy language. Thereafter, applicant No.1, Anuj Ram Sahu allegedly brandished a monkey-scaring gun, threatened to kill the complainant's husband, and repeatedly assaulted him on the head with the wooden butt of the gun with an intention to cause his death. Applicant No.2, Loman Sahu also assaulted the injured with a wooden stick on his thigh. As a result of the assault, Kishan Lal Sahu sustained a bleeding head injury and fell unconscious. Believing him to be dead, both the accused persons fled from the spot. Subsequently, the complainant informed her son, Devendra Sahu, who shifted the injured to Government Hospital, Ghumka, for medical treatment. On the basis of the report lodged by the complainant, Crime No. 24/2026 was registered against the accused persons for the offences punishable under Sections 296, 115(2), 118(1), 351(2), 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Hence, the bail application. 3 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. She further submits that the injury sustained by the injured is found to be simple in nature as per the Query Report. The applicants are in jail since 11.03.2026, the applicants have no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicants in furtherance of their common intention, assaulted the injured, Kishan Lal Sahu, over a dispute relating to plucking sem (bean) pods from the complainant's premises. It is alleged that applicant Anuj Ram Sahu repeatedly struck the injured on the head with the wooden butt of a monkey-scaring gun after threatening to kill him, while applicant Loman Sahu assaulted the injured with a wooden stick on his thigh. The medical examination of the injured revealed a lacerated wound measuring approximately 5 cm × 0.5 cm × 0.5 cm on the left side of his head. Therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, 4 nature and gravity of offence, period of detention of the applicants since 11.03.2026, the fact that though the applicants in furtherance of their common intention, assaulted the injured, Kishan Lal Sahu, over a dispute relating to plucking sem (bean) and the medical examination of the injured revealed a lacerated wound measuring approximately 5 cm × 0.5 cm × 0.5 cm on the left side of his head, but considering the fact that as per the Query Report, the said injury is found to be simple in nature and the applicants have no criminal antecedents, the charge-sheet has been filed in the present case, as such, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicants-Anuj Ram and Loman Sahu @ Inesh Kumar, involved in Crime No. 24/2026 registered at Police Station Ghumka, District Rajnandgaon (C.G.) for the offence punishable under Sections 109(1), 115(2), 118(1), 296, 351(2), 3(5) of BNS, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that 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 applicants shall remain present before the trial 5 court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil