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2026 DAILYLAW 33150 (CHH)

RAMJAS MANDAVI v. STATE OF CHHATTISGARH

MCRC/7695/2026 · 2026-08-18

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Judgment text

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1 CGHC010319672026 2026:CGHC:37141 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7695 of 2026 Ramjas Mandavi S/o Panaku Ram Aged About 35 Years R/o Tekadhodha, Polilce Station Doundi, District- Balod (C.G.) ... Applicant versus State Of Chhattisgarh Through Polilce Station Doundi, District- Balod (C.G.) ...Non-applicant _____________________________________________________ For Applicant :Mr. Gajendra Prakash Sahu, Advocate. For Non-applicant/State :Mr. Soumya Rai, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.08.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.83/2026 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.08.20 11:13:02 +0530 2 Station – Doundi, District Balod (C.G.), for the offences under Sections 296, 351(3), 115(2) and 109(1) of BNS. 2. According to the case of the prosecution case, on 02.06.2026 (though the date has been incorrectly mentioned as 06.06.2026 in the bail application order), at about 08:30 p.m., the Applicant allegedly hurled filthy abuses at and threatened the complainant, pursuant to which a quarrel ensued between the parties and the Applicant assaulted the complainant with fist blows, causing him serious and grievous injuries, including bleeding from the ear. Considering his critical condition, the complainant was referred to a higher medical centre for further treatment. Based on these allegations, the offences as mentioned above have been registered against the present Applicant. Hence this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is contended that the allegations are omnibus in nature and the FIR attributes only assault by fists and kicks, without alleging use of any deadly weapon or any premeditated intention to commit a grave offence. It is further submitted that the prosecution case rests primarily upon the statements of the complainant and other witnesses, whose credibility is to be tested during trial and that the alleged 3 grievous nature of the injuries is a matter of medical evidence to be established at trial. He further submits that the Applicant has been serving in the Central Industrial Security Force since 23.04.2012 and the complainant is suffering from a mental ailment and has been causing disturbances with other villagers. It is contended that the deceased has come to the house of the Applicant in a drunken state and started abusing the Applicant. He lastly submits that the Applicant is behind the bars since 09.06.2026 and the trial is likely to take quite some time for its conclusion, therefore, he may be granted bail. 4. On the contrary, learned State Counsel opposes the bail application and submits that the Applicant allegedly assaulted the injured with hands and fists, resulting in fracture of the nasal bone and that the injured remained admitted in the hospital for two days. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions advanced by learned Counsel for the parties, the material available in the case diary, the nature of allegations, the fact that the Applicant is in custody since 09.06.2026, the allegation of assault being by hands and fists without use of any weapon and the fact that the trial 4 is likely to take considerable time for its conclusion, without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 7. Accordingly, the bail application is allowed. 7. Let Applicant- Ramjas Mandavi involved in Crime No. 83/2026 registered at Police Station – Doundi, District Balod (C.G.), for the offences under Sections 296, 351(3), 115(2) and 109(1) of BNS be released on bail on his furnishing a personal bond with two sureties 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/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 his/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/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 his/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 him/her, in 5 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/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 Priya