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2026 DAILYLAW 33023 (CHH)

PUNAM SINHA, v. STATE OF CHHATTISGARH

MCRC/7436/2026 · 2026-08-11

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Judgment text

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1 CGHC010305502026 2026:CGHC:35653 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7436 of 2026 1 - Punam Sinha, S/o- Dharmendra Sinha, Aged About 23 Years R/o- Village - Mudhipaar, Police Station- Gatapaar, District- Khairagarh- Chuikhadan- Gandai, Chhattisgarh. (Particulars Of The Applicant Is Mentioned Correctly) 2 - Gulshan Sinha, S/o- Dharmendra Sinha, Aged About 20 Years R/o- Village - Mudhipaar, Police Station- Gatapaar, District- Khairagarh- Chuikhadan- Gandai, Chhattisgarh. (Particulars Of The Applicant Is Mentioned Correctly) ... Applicants versus State Of Chhattisgarh Through- Police Station- Gatapaar, District- Khairagarh-Chuikhadan- Gandai (C.G.) ... Non-Applicant For Applicants : Shri Anmol Sharma, Advocate. For Non-Applicant : Shri SS Baghel, GA. For Objector : Shri Khilendra Sahu, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12/08/2026 1. This is the first bail application filed under Section 483 of the KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.13 11:57:11 +0530 2 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.29/2026 registered at Police Station Gatapaar, District Khairagarh-Chuikhadan-Gandai (C.G.) for the offence under Sections 296, 115 (2), 351 (3), 109, 324 (5), 3(5), 191 (2), 193 (3), 190 & 238 of the BNS. 2. The prosecution case, in brief, is that complainant Kamlesh Verma on 23.04.2026 at about 9 pm lodged a report before the police authorities stating that on 22.04.2026 they came to the village - Mudhipar to attend a wedding of his friend Devendra Verma, during the procession at about 9 P.M. when they reached near Bride's house, at that point of time near bazaar chowk 3 persons in motorcycle came near the procession and asked for side so as to pass their vehicle and abused some baarati also. At that point of time Kamlesh Verma, Raja Verma, Mahendra Verma intervened as a result of which they went away. After some time four persons again came back and again abused them and assaulted them. It is alleged that one of the co-accused persons assaulted injured victim Raja Verma with knife as a result of which he fell unconscious. Further they committed rioting by damaging the vehicle also and thereafter ran away. Further Kamlesh & Indrakumar also sustained minor injuries. Therefore, on the basis of the compliant, the police registered an FIR against present applicants and other co-accused persons for the abovementioned sections. After completion of investigation, the police authorities 3 have filed chargesheet for the offence as mentioned above in the application and also named main accused persons namely Jaggu Nishad, Ashish Sinha and 3 other Juvenile persons. Hence the bail application. 3. It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case as they were only present on the spot and the main accused is Jaggu Nisha who has stabbed Injured Raju Verma in stomach. The other injured persons have received minor injuries and statements of the injured victim has also been recorded in which they have specifically stated that Jaggu has assaulted with knife. Further from Gulshan Sinha one knife has been seized but he is not the main assailants and from Punam Sinha nothing has been seized. The injured victims have filed no objection in granting bail to the present applicants before the trial Court. The applicants do not have any criminal antecedents and they are in jail since 24.4.2026. Therefore, the applicants may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicants do not have any criminal antecedents, and the charge sheet has been submitted against them. However, learned counsel for the Objector submits that he has no objection in allowing bail to the present applicants. 4 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, and the fact that the charge sheet has already been submitted against the applicants, the applicants do not have any criminal antecedents, which is mentioned in the bail application, they are in jail since 24.4.2026, further considering that the allegation is directed against the main accused Jaggu Nisha who has stabbed Injured Raju Verma in stomach and that learned counsel for the Objector has no objection in allowing bail to the present applicants, and conclusion of trial is likely to take some time, this Court is of the view that the applicants are entitled to be released on bail in the present case. 7. Let the Applicant – Punam Sinha & Gulshan Sinha, involved in Crime No.29/2026 registered at Police Station Gatapaar, District Khairagarh-Chuikhadan-Gandai (C.G.) for the offence under Sections 296, 115 (2), 351 (3), 109, 324 (5), 3(5), 191 (2), 193 (3), 190 & 238 of the BNS, be released on bail on each of them furnishing personal bond with two sureties 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 5 law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his 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 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 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Barve