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2026 DAILYLAW 32261 (CHH)

BALIRAM URAAV v. STATE OF CHHATTISGARH

MCRC/7671/2026 · 2026-08-17

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Judgment text

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1 CGHC010317962026 2026:CGHC:36897 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7671 of 2026 1 - Baliram Uraav S/o Punaru Ram Uraav Aged About 60 Years R/o Village Podi Uraavpara, Thana Pali, District Korba (C.G.) 2 - Sahdev Uraav S/o Ganesh Ram Aged About 37 Years R/o Village Podi Uraavpara, Thana Pali, District Korba (C.G.) 3 - Sunil Uraav S/o Samelal Uraav Aged About 26 Years R/o Village Podi Uraavpara, Thana Pali, District Korba (C.G.) 4 - Kalesh Ram Uraav S/o Mahesh Ram Uraav Aged About 45 Years R/o Village Podi Uraavpara, Thana Pali, District Korba (C.G.) 5 - Matiram S/o Chandram Uraav Aged About 28 Years R/o Village Podi Uraavpara, Thana Pali, District Korba (C.G.) 6 - Ashwani @ Chutatu Rajesh S/o Kartikram Uraav Aged About 28 Years R/o Village Podi Uraavpara, Thana Pali, District Korba (C.G.) 7 - Mahesh Ram Uraav S/o Late Sanich Ram Uraav Aged About 66 Years R/o Village Podi Uraavpara, Thana Pali, District Korba (C.G.) ... Applicants versus State Of Chhattisgarh Through - P.S. Pali, District – Korba (C.G.) ---- Non-applicant For Applicants : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Mr. Sumit Singh, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.08.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 204/2026, registered at Police Station – Pali, District – Korba (C.G.) for RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 the offence punishable under Sections 109, 296, 115(2), 351(2), 331(6), 3(5), 191(2) and 191(3) of the BNS. 2. The case of the prosecution, is that on 07/06/2026 the complainant namely Chhotu Uraav has lodged oral report against the co-accused person stating that on 07/06/2026 at about 8.30 pm his father namely Laxman Singh Uraav was roaming around the locality abusing after consuming liquor. The people of the locality held a panchayat and tried to pacify complainant father by calling him but the complainant father did not attend the panchayat then the co-accused person assaulted the father of the complainant with the help of stick and bricks on the part of head and back side of body. Thereafter police has lodged FIR against the co-accused person, and on the basis of memorandum statement of the co-accused, the applicants have been made accused in the crime in question. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there is no criminal antecedents registered against the applicants. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that the co-accused persons have been granted bail by this Court vide order dated 10.08.2026 passed in MCRC No.7298/2026. The applicant Nos.1, 2 and 3 are in jail since 10.06.2026, applicant Nos. 4 and 5 are in jail since 16.06.2026, and applicant Nos. 6 and 7 are in jail since 07.07.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail 3 application but could not dispute the fact that the co-accused persons have been granted bail by this Court, and the case of the applicants is identical to that of the co-accused. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that there is no criminal antecedents registered against the present applicants, the charge-sheet has been filed in this case and the co- accused persons have been granted bail by this Court vide order dated 10.08.2026 passed in MCRC No.7298/2026, the applicant Nos.1, 2 and 3 are in jail since 10.06.2026, applicant Nos. 4 and 5 are in jail since 16.06.2026, and applicant Nos. 6 and 7 are in jail since 07.07.2026, and conclusion of the trial is likely to take some time, I am inclined to allow this application, on the ground of parity. 7. Let applicants – Baliram Uraav, Sahdev Uraav, Sunil Uraav, Kalesh Ram Uraav, Matiram, Ashwani @ Chutatu Rajesh, and Mahesh Ram Uraav, involved in Crime No. 204/2026, registered at Police Station – Pali, District – Korba (C.G.) for the offence punishable under Sections 109, 296, 115(2), 351(2), 331(6), 3(5), 191(2) and 191(3) of the 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 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 4 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 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. 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 Rajshekhar