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2026 DAILYLAW 31413 (CHH)

INDRAJEET DEWANGAN v. STATE OF CHHATTISGARH

MCRC/7275/2026 · 2026-08-12

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1 CGHC010304342026 2026:CGHC:35970 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7275 of 2026 Indrajeet Dewangan S/o Ravindra Dewangan Aged About 46 Years R/o Village Faradfod Police Station Devri District Balod Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Deori, District Durg Chhattisgarh (Particular Of The Parties Not Properly Mentioned In The Cause Title Of The Impugned Order Which Is Being Mentioned As Per Charge Sheet) ... Respondent(s) For Applicant(s) : Mr. Avinash Chand Sahu, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. For Objector(s) : Ms. Ayushi Kulkarni, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/08/2026 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 applicant who has been arrested in AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 connection with Crime No. 86/2026 registered at Police Station Deori, District Balod (C.G.) for the offence punishable under Sections 119(1), 296, 351(3), 127(2) of BNS. 2. Case of the prosecution, in brief, is that on 11.06.2026, the complainant Prakash Das Manikpuri lodged a report at Police Station Deori, District Balod, alleging that he had borrowed a sum of Rs.2,00,000/- from the applicant, out of which he had repaid Rs.1,24,000/- and an amount of Rs.76,000/- remained due. It is alleged that on 01.06.2026, the applicant came to the complainant’s house and demanded repayment of the remaining amount, pursuant to which a quarrel took place between them. During the altercation, the applicant allegedly abused the complainant in filthy language, and when the complainant objected, the applicant allegedly threatened to kill him and assaulted him by means of hands, fists and kicks, causing injuries to him. On the basis of the said report, Crime No.86/2026 was registered at Police Station Deori, District Balod, against the applicant, and after completion of investigation, charge-sheet has been filed. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that there is a monetary dispute between the parties, on account of which a quarrel took place. So far as the injuries sustained by the complainant are 3 concerned, the complainant sustained only simple injuries. The applicant is in jail since 11.06.2026, the applicant has four criminal antecedents, out of which, three cases have already been disposed and in one case, the applicant has already been acquitted of the charges, further the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. Learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. So far as criminal antecedents of the applicant are concerned, the applicant has four criminal antecedents, of the year 2019, 2020, 2021 and 2024 under the IPC, Gambling Act and Tonhi Pratarna Niwaran Adhiniyam, therefore, the applicant is not entitled for grant of bail. 5. Learned counsel for the objector submits that the applicant came to the complainant’s house demanding repayment of the outstanding amount of Rs.76,000/-, abused him in filthy language, threatened to kill him, and assaulted him with hands, fists and kicks, causing injuries. She further submits that the applicant has four criminal antecedents, therefore, the applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant 4 since 11.06.2026, the fact that though the applicant allegedly to have assaulted the complainant by hands, fists and kicks, causing him injuries on account of some monetary dispute, but considering the fact that the complainant sustained only simple injury, so far as the criminal antecedents of the applicant are concerned, the applicant has four criminal antecedents, out of which, three cases have already been disposed and in one case, the applicant has already been acquitted of the charges, the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the application is allowed. 9. Let the Applicant-Indrajeet Dewangan, involved in Crime No. 86/2026 registered at Police Station Deori, District Balod (C.G.) for the offence punishable under Sections 119(1), 296, 351(3), 127(2) of BNS, be released on bail on his furnishing a 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 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 5 cause, the trial court may proceed against him 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 the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, 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 him in accordance with law. 10. 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