1 CGHC010258912026 2026:CGHC:32983 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6285 of 2026 Shiv Khande S/o Paras Khande Aged About 34 Years R/o Village Gatoura, Ambedkar Chowk, P.S. Masturi, Distt. Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. Masturi, District - Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Vimlesh Bajpai, Advocate For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.07.2026 1. This is the Second Bail Application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 318/2025 registered at Police Station - Masturi, District- Bilaspur, (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 109, and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant has been rejected by this Court in MCRC No. 7224 of 2025 vide order dated 10.09.2025 on merits. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. The prosecution story in brief, is that the complainant, Santoshkant, lodged a report at P.S. Masturi against the present applicant and co-accused Sumendra Khande. The complainant resides with his family near Ambedkar Chowk, Village Gatoura, where he runs a grocery shop. On 22.05.2025, at around noon, while the complainant was at his shop along with his son Shashikant, co- accused Sumendra Khande, who was in a drunken state, came to the shop, purchased a water pouch and Rajshree, but refused to pay. When the complainant asked him to pay, he started abusing and threatening to kill him. Sumendra then left on his motorcycle, returned shortly after with Rs. 100/-, handed the money to the complainant’s son, and went away. Later in the evening, Sumendra came back along with the present applicant, his elder brother, and both of them started threatening to kill Shashikant. Hearing the commotion, the complainant’s wife and his brother Santram also came to the spot. At that moment, the applicant attacked Shashikant on the head with an iron pipe, causing a serious head injury, due to which Shashikant fell to the ground bleeding profusely. During the course of investigation, the present applicant and co-accused were arrested. 4. Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant. It is submitted that the first bail application was dismissed on merits by this Hon’ble Court. The present second bail application has been preferred on a new and subsequent ground which has arisen after rejection of the earlier bail application, namely the deteriorating medical condition of 3 the applicant. It is submitted that the applicant’s left leg has become paralyzed and is not functioning properly, due to which he is unable to move independently and requires the assistance of other persons for carrying out his day-to-day activities and routine work. The applicant was admitted to CIMS, Bilaspur for treatment, however, despite undergoing medical treatment, there has been no substantial improvement in his condition. It is further submitted that the applicant requires specialized medical treatment, proper care, and further evaluation at a higher medical centre having advanced medical facilities. The copies of the medical records, treatment papers, prescriptions, diagnostic reports, discharge summaries, and other relevant documents pertaining to the applicant’s treatment and present medical condition are collectively filed herewith and annexed as ANNEXURE A/4 for the kind consideration and perusal of this Hon’ble Court. It is also submitted that the applicant has remained in judicial custody since 25.05.2025. Therefore, in view of the subsequent change in circumstances and the serious medical condition of the applicant, it is most humbly prayed that this Hon’ble Court may be pleased to grant bail to the applicant. 5. On the other hand, learned State counsel opposes the present bail application and submits that the first bail application of the applicant has already been rejected on merits by this Hon’ble Court. It is further submitted that the allegations against the applicant are serious in nature, as the applicant is alleged to have assaulted the injured Shashikant on his head with an iron pipe, resulting in a 4 grievous head injury. Considering the nature of the offence, the role attributed to the applicant, and the material collected during investigation, the applicant is not entitled to be enlarged on bail. However, with regard to the medical ground raised in the present repeat bail application, learned State Counsel fairly submits that as per the medical documents placed on record, the applicant is suffering from paralysis of his left leg and is undergoing treatment. Nevertheless, it is contended that adequate medical treatment can be provided to the applicant in accordance with law and, therefore, the said medical condition alone does not warrant grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature of allegations levelled against the applicant, the fact that the applicant’s first bail application was dismissed on merits, the subsequent change in circumstances giving rise to the present second bail application, the medical documents collectively filed as ANNEXURE A/4, which prima facie indicate that the applicant is suffering from paralysis of his left leg and is unable to perform his day-to-day activities without assistance, the fact that despite treatment at CIMS, Bilaspur, there has been no substantial improvement in his condition and that he requires specialized treatment at a higher medical centre, as well as considering that the applicant is languishing in judicial custody since 25.05.2025. Therefore, without expressing any opinion on the merits of the case, 5 this Court is of the view that the applicant is entitled to be released on bail in this case on medical grounds. 8. Accordingly, the second bail application of the applicant is allowed. Let the Applicant – Shiv Khande, involved in Crime No. 318/2025 registered at Police Station - Masturi, District- Bilaspur, (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 109, and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing personal bond with two local 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 his 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 6 the date fixed in such proclamation, then, the trial court shall initiate proceedings against his, 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 his 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 Rahul Dewangan