1 CGHC010293162026 2026:CGHC:37588 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7825 of 2026 1. Smt. Vandana Bare W/o Rohit Bare Aged About 30 Years (Wrongly Mentioned As Banjare In Impugned Order Sheet), R/o Village Pendari, Sakri, Police Station Sakri, Tahsil Sakri, District Bilaspur (C.G.) 2. Yogesh Baghel S/o Laxman Baghel Aged About 20 Years R/o Village Pendari, Sakri, Police Station Sakri, Tahsil Sakri, District Bilaspur (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Sakri, District Bilaspur (C.G.) ... Non-Applicant For Applicants : Mr. Baldau Prasad Banjare, Advocate. For Non-Applicant/State : Ms. Anusha Naik, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.08.2026 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. 297/2026 registered at Police Station – Sakri, District- Bilaspur (C.G.), for the offences PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.08.22 11:29:10 +0530 2 punishable under Sections 296, 115(2), 351(3), 109(1), 191(2) and 191(3) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on 06.04.2026, at about 7:30 p.m., the complainant, namely Raja Baghel, lodged a report at the concerned Police Station regarding the occurrence. It is alleged that, at the relevant time, the complainant was present at his house, while his family members, namely Hansraj, Parmanand, Sahetrin Bai and Usha Diwakar, were outside the house. At that time, their neighbours, namely Lakshman Prasad Baghel, Dilip Baghel, Arjun Baghel, Sumitra Baghel and other family members, were allegedly shouting and hurling abuses outside the house. Upon hearing the commotion, the complainant came outside and allegedly witnessed the aforesaid persons abusing his family members and, acting in furtherance of their common intention, assaulting them. It is further alleged that, during the altercation, Lakshman, Arjun and Dilip armed themselves with a lathi (stick), tangiya (axe) and hasiya, respectively, and threatened to kill the complainant's family members. They allegedly assaulted them with the said weapons as well as with fists and hands. When the complainant intervened upon witnessing the assault, Hansraj, Parmanand, Sahetrin Bai and Usha Diwakar sustained injuries and were subsequently admitted to CIMS, Bilaspur, for treatment. On the basis of the aforesaid report, the concerned Police conducted investigation and registered Crime No. 297/2026 for offences punishable under Sections 296, 115(2), 351(3), 109(1), 191(2) and 191(3) of the Bharatiya Nyaya Sanhita, 2023, against the applicants. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He further submits that the applicants are not named in the FIR and have no previous criminal antecedents. It is also submitted that the applicants 3 have been implicated in the present case only on the basis of their memorandum statements. Learned counsel further submits that the complainant and the applicants are residents of the same locality and are known to each other, and that there was no intention on the part of the applicants to assault the victims, rather, the dispute arose due to some previous incident. He further submits that the charge-sheet has already been filed before the competent Court and that the applicants have been in judicial custody since 27.06.2026. Considering the aforesaid facts and circumstances, learned counsel prays that the applicants be enlarged on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature of allegations, and the material available on record, particularly the fact that the applicants are not named in the FIR and have no previous criminal antecedents, further the charge-sheet has already been filed before the competent Court and that the applicants have been in judicial custody since 27.06.2026, this Court is of the view that the present applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the Applicant Nos. 1 and 2 – Smt. Vandana Bare and Yogesh Baghel, respectively involved in Crime No. 297/2026 registered at Police Station – Sakri, District- Bilaspur (C.G.), for the offences punishable under Sections 296, 115(2), 351(3), 109(1), 191(2) and 191(3) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing personal bond with two sureties in 4 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 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 5 against her in accordance with law. 8. 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 Preeti