Extracted from the PDF above. The PDF is authoritative.
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CGHC010323582026
2026:CGHC:38132
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7936 of 2026 Gangaram Patel S/o Panchram Patel, Aged About 53 Years Resident Of Village Karmandi, Police Station Bhatgaon, District Sarangarh Bilaigarh, (C.G.)
... Applicant(s) versus State Of Chhattisgarh Through The Station House O.cer Bhatgaon, District Sarangarh Bilaigarh (C.G.)
---- Non-Applicant(s) For Applicant : Mr. Vikram Pratap, Advocate. For Non-Applicant : Ms. Anusha Naik, Dy. Govt. Adv. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 25/08/2026
1. This is the 7rst bail application 7led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 61/2026 registered at Police Station- Bhatgaon, District- Sarangarh-Bilaigarh (C.G.), for the o:ence punishable under Section 109(1) of the Bharatiya Nyaya Sanhita, 2023.
2. Case of the prosecution, in brief, is that the complainant Harabai Patel, mother of the injured Bhagwana Patel, lodged a report stating KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 that on 31.03.2026, after Bhagwana Patel returned from Jora Bazar, he went missing and at about 8:00 p.m., one Ravi Patel informed the complainant that Bhagwana Patel was lying in an injured condition near the village river. Thereafter, he was immediately taken by ambulance to CHC Bilaigarh for treatment. It is alleged that the present applicant assaulted the injured Bhagwana Patel by means of a stick and stone, thereby causing injuries on his head and other parts of the body. On the basis of the said report, the aforesaid o:ence was registered against the applicant and he was arrested on 04.04.2026.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant has neither committed nor participated in the alleged o:ence. He further submits that, according to the prosecution, the applicant is said to have caused injuries to the injured by means of hard and blunt objects on his head, on account of which he sustained injuries. However, the nature of injuries sustained by the injured is disputed and the material available on record does not prima facie establish the o:ence alleged against the applicant. It is further submitted that the charge-sheet has already been 7led before the competent Court, the applicant has no criminal antecedents and he is in judicial custody since 04.04.2026 and the trial is likely to take some time for its conclusion, therefore, the applicant may be enlarged on regular bail. 4. On the other hand, learned State counsel, appearing for the State/non-applicant, opposes the bail application and submits that
3 the applicant is said to have caused injuries to the injured Bhagwana Patel by means of hard and blunt objects on his head, on account of which he sustained injuries. However, as per the MLC report, the nature of injuries has not been speci7cally disclosed. It is further submitted that, as per the CT Scan report, no abnormality was detected and there was no internal damage. However, as per the query report, the injuries sustained by the injured could be grievous in nature. Therefore, considering the allegations against the applicant, the bail application deserves to be rejected. 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 o:ence levelled against the applicant, period of detention of the applicant since 04.04.2026 and the fact that the applicant is alleged to have caused injuries to the injured by hard and blunt objects and as per the MLC report, the nature of injuries has not been disclosed, whereas as per the CT Scan report, no abnormality has been detected and no internal damage has been found, though as per the query report the injuries could be grievous in nature and further considering the fact that in the present case, charge-sheet has been 7led before the competent Court, the applicant has no criminal antecedents and the trial is likely to take some time for its conclusion, therefore, without further commenting anything on merits, I am inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant is allowed. 4
8. Let the Applicant- Gangaram Patel, involved in Crime No. 61/2026 registered at Police Station- Bhatgaon, District- Sarangarh- Bilaigarh (C.G.), for the o:ence punishable under Section 109(1) of the Bharatiya Nyaya Sanhita, 2023, 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 7le an undertaking to the e:ect that he shall not seek any adjournment on the dates 7xed 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 7xed, either personally or through his counsel. In case of his absence, without su.cient 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 7xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (iv) The applicant shall remain present, in person, before the trial court on the dates 7xed 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 su.cient 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. O.ce is directed to send a certi7ed copy of this order to the trial Court concerned for necessary information. Sd/-
(Ramesh Sinha)
Chief Justice Kunal