Extracted from the PDF above. The PDF is authoritative.
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CGHC010293042026
2026:CGHC:37591
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7818 of 2026 1 - Lakshman Prasad Baghel S/o Pireet Ram Satnami Aged About 47 Years 2 - Dilip Satnami S/o Pireet Ram Satnami Aged About 45
3 - Smt. Sumitra Bai Satnami W/o Laxman Prasad Baghel Aged About 46 Years All are R/o Village Pendari, Sakri, P.S. Sakri, Tahsil Sakri, Distt. Bilaspur, Chhattisgarh. ... Applicant(s) versus 1 - State of Chhattisgarh Through: Station House Officer, P.S. Sakri, Distt. Bilaspur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. B.P. Banjare, Advocate For Respondent(s)/State : Ms. Anusha Naik, Deputy Government Advocate
Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/08/2026 RUCHI YADAV Digitally signed by RUCHI YADAV
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1. The present is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking grant of regular bail to the applicants, who are in judicial custody in connection with Crime No. 297/2026 registered at Police Station Sakri, District Bilaspur (Chhattisgarh), for the offences punishable under Sections 296, 115(2), 351(3), 109(1), 191(2) and 191(3) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution case, in brief, on 06.04.2026 at about 7:30 p.m., the complainant, namely Raja Baghel, lodged a report at the concerned Police Station stating that, while he was at his house, his family members, namely Hansraj, Parmanand, Sahetrin Bai and Usha Diwakar, were outside the house. It is alleged that their neighbours, namely Lakshman Prasad Baghel, Dilip Baghel, Arjun Baghel, Sumitra Baghel and other family members, were abusing them and creating a commotion. On hearing the same, the complainant came outside and allegedly found the accused persons abusing and assaulting his family members. It is further alleged that Lakshman, Arjun and Dilip were armed with a lathi, tangiya and hasiya, respectively, and, while extending threats to kill, assaulted the complainant's family members with the said weapons and by fists and blows. During the incident, Hansraj, Parmanand, Sahetrin Bai and Usha Diwakar allegedly sustained injuries and were admitted for treatment at CIMS, Bilaspur. On the basis of the said report, the police registered Crime No. 297/2026 against the applicants and other accused persons for the offences punishable under Sections 296, 115(2), 351(3), 109(1), 191(2) and 191(3) of the BNS, 2023. Hence, the present bail application. 3
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Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is submitted that as per the memorandum statements of the accused persons, a tangiya was seized from Laxman Prasad Baghel, while lathi/danda were seized from Arjun Baghel and Dilip Baghel; however, there is discrepancy between the weapons allegedly used in the incident as stated by the injured persons and the articles subsequently seized by the police. Thus, the alleged use and seizure of the weapons do not corroborate the statements of the injured persons. Learned counsel further submits that the applicants have no criminal antecedents and have been in custody since 08.04.2026. The charge- sheet has already been filed before the competent Court and, therefore, no further custodial interrogation is required. It is further submitted that the applicants are family members and the trial is likely to take considerable time to conclude. In view of the period of incarceration already undergone, absence of criminal antecedents, filing of the charge-sheet and the discrepancies in the prosecution material, further detention of the applicants is not warranted. On these grounds, learned counsel prays that the applicants be enlarged on bail. 4. Per contra, learned State counsel opposes the bail application and submits that although the charge-sheet has been filed and the applicants have no criminal antecedents, they are specifically named in the FIR and four persons sustained injuries in the incident, out of whom two suffered grievous injuries. Considering the nature and gravity of the allegations, learned State counsel prays for rejection of the bail application. 4
5. I have heard learned counsel appearing for the parties and perused the case diary. 6.
Taking into consideration the nature of the allegations, the fact that the applicants have no criminal antecedents, they have been in custody since 08.04.2026, the charge-sheet has already been filed and, more particularly, the discrepancy between the statements of the injured persons regarding the weapons allegedly used in the incident and the articles subsequently seized during investigation, this Court is of the considered view that further custodial detention of the applicants is not warranted. The applicants are family members and the trial is likely to take considerable time to conclude. Accordingly, without commenting upon the merits of the case, this Court is inclined to allow the bail application. 7. Accordingly, the bail application is allowed. Let the applicants, namely Laxman Prasad Baghel, Dilip Satnami and Sumitra Bai Satnami involved in Crime No.297/2026 registered at Police Station Sakri, District Bilaspur (Chhattisgarh), for the offences punishable under Sections 296, 115(2), 351(3), 109(1), 191(2) and 191(3) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on their furnishing personal bonds with two sureties each in the like sum to the satisfaction of the Court concerned, subject to 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. 5 (ii) The applicants shall remain present before the trial 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 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 them in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. -
Sd/-
(Ramesh Sinha)
Chief Justice Ruchi