1 CGHC010259972026 2026:CGHC:35964 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6217 of 2026 1 - Laddan Khan S/o- Khalil Khan Aged About 43 Years Cast- Pathan, Aged 43 Year, R/o- Sai Mandir Raod, Ward No.1, Bhagwanpur, Ghandhinagr, P.S. Gandhinagar, Tahsil- Ambikapur District- Surguja (C.G.) 2 - Dhansi Toppo S/o- Ramji Toppo Aged About 35 Years R/o- Pahadgaon, Barpara, P.S. Jainagar, District- Surajpur (C.G.) 3 - Sonu Bodho S/o- Dhansi Toppo, Aged About 20 Years R/o- Pahadgaon, Barpara, P.S. Jainagar, District- Surajpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer- Police Station- Gandhinagar, District- Surguja (C.G.) ... Respondent(s) For Applicant(s) : Mr. A.N. Pandey, Advocate. For Respondent(s) : Ms. Anusha Naik, Deputy Government 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 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 386/2026 registered at Police Station Gandhinagar, District- Surguja (C.G.) for the offence punishable under Sections 191(2), 221, 121(1), 121(2), 132, 296, 351(3), 109(1), 262, 263(b) of BNS. 2. Case of the prosecution, in brief, is that on 22.06.2026, complainant, Tarkeshwar Verma lodged a written report at Police Station Gandhinagar alleging that, during an inspection conducted by the Central Flying Squad Team of the Minerals Department, Raipur, accused Sonu was found illegally transporting sand in a tipper truck allegedly owned by applicant No.1, Laddan Khan. It is alleged that when the Flying Squad Team attempted to take the vehicle into custody, the accused persons stopped the tipper truck, abused and threatened the complainant, who was a government employee of the Minerals Department, assaulted him, tore his uniform and attempted to run the tipper truck over him with an intention to cause his death. It is further alleged that the complainant sustained injuries to his head, shoulder and hand in the incident. On the basis of the written report, the police registered the alleged offences against the present applicants and arrested them. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and have been falsely implicated in offence in question. He further submits that applicant No.1 is the owner of the tipper vehicle, applicant No.2 is its driver, and applicant 3 No.3 is a labourer, further none of the applicants obstructed or interfered with the discharge of any official duty by the government officials. He also submits that as per the MLC Report, the injured sustained only a swelling measuring 2 × 1 cm on the right wrist. The applicants are in jail since 24.06.2026, the applicant No.1 has one criminal antecedent of the year 2021 under the Gambling Act, which has already been disposed of, 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 applicants. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that when the Flying Squad Team attempted to seize the tipper truck for alleged illegal transportation of sand, the applicants obstructed the officials, abused and threatened the complainant, assaulted him, tore his uniform, and allegedly attempted to run the tipper truck over him, thereby causing injuries on head, shoulder and hand of the injured. So far as criminal antecedent of the applicants is concerned, the applicant No.1 has one criminal antecedent of the year 2021 under the Gambling Act, therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 24.06.2026, the fact that though the applicants allegedly 4 obstructed the Flying Squad Team when they attempted to seize the tipper truck for alleged illegal transportation of sand, abused and threatened the complainant, assaulted him, tore his uniform, and allegedly attempted to run the tipper truck over him, thereby causing injuries to his head, shoulder, and hand, but considering the fact that only a swelling measuring 2 × 1 cm on the right wrist has been sustained by the injured, so far as their criminal antecedents is concerned, the applicant No.1 has one criminal antecedent of the year 2021 under the Gambling Act, which has already been disposed of, the charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicants - Laddan Khan, Dhansi Toppo and Sonu Bodho, involved in Crime No. 386/2026 registered at Police Station Gandhinagar, District- Surguja (C.G.) for the offence punishable under Sections 191(2), 221, 121(1), 121(2), 132, 296, 351(3), 109(1), 262, 263(b) of 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 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 are 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. 9. 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