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2026 DAILYLAW 33420 (CHH)

ARJUN BAGHEL v. STATE OF CHHATTISGARH

MCRC/7867/2026 · 2026-08-23

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Judgment text

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1 CGHC010324112026 2026:CGHC:37836 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7867 of 2026 Arjun Baghel S/o Pireet Ram Satnami, Aged About 44 Years R/o Village Pendari, Sakri, Police Station Sakri, Tahsil Sakri, District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sakri, District – Bilaspur (C.G.) ---- Non-applicant For Applicant : Mr. Baldau Prasad Banjare, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.08.2026 1. The applicant has preferred this First 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. 297/2026, registered at Police Station – Sakri, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 109(1), 191(2), 191(3) and 3(5) of the BNS. 2. The case of the prosecution, is that on 06/04/2026 in the night at about 7.30 Hours the complainant namely Raja Baghel has given the information to the police station related the occurrence of offence. He was at home and his family member namely Hansraj, Parmanand, Sahetrin Bai and Usha Diwakar were outside from the house whose neighbour namely Lakshman Prasad Baghel, Dilip Baghel, Arjun Baghel, Sumitra Baghel and other his family members were shouting RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 abuse outside the house, upon hearing the commotion he stepped outside and saw that these neighbour hurling filthy abusing the language and then acting together they started physically assault his family members. During the altercation the Lakshman, Arjun, Dilip emerged with a lathi(stick) Tangkiya (Axe) and a hasiya (kitchen article) respectively threating to kill his family members they attacked there using these weapons as well as their hands and fits witnessing the assault the complainant intervened when he saw the assault taking place Hansraj, Parmanand, Sahetrin and Usha Diwakar sustained injuries during the altercation and have been admitted to hospital in Bilaspur (CIMS) for treatment. On the basis of above report the concerned police investigated the matter and registered the crime against the applicant. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the co-accused persons have been granted bail by this Court vide order dated 21.08.2026 and 21.08.2026 passed in MCRC Nos. 7825/2026 and 7818/2025. The applicant is in jail since 08.04.2026 and trial is likely to take quite long time for its conclusion, therefore, on the ground of parity he may be granted bail. 4. On the other hand, learned State counsel opposes the bail application of the applicant, but could not dispute the fact that co-accused persons have already been granted bail by this Court and the case of the present applicant 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. 3 6. Taking into consideration the facts and circumstances of the case, and the fact that the co-accused persons have been granted bail by this Court vide order dated 21.08.2026 and 21.08.2026 passed in MCRC Nos. 7825/2026 and 7818/2025, and the applicant is in jail since 08.04.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application, on the ground of parity. 7. Accordingly, this bail application is allowed. 8. Let applicant – Arjun Baghel, involved in Crime No. 297/2026, registered at Police Station – Sakri, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 109(1), 191(2), 191(3) and 3(5) of the 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 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 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 4 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. 9. 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