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2026 DAILYLAW 34389 (CHH)

SAROJ JANGDE v. STATE OF CHHATTISGARH

MCRC/8013/2026 · 2026-08-31

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Judgment text

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1 CGHC010334692026 2026:CGHC:38578 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8013 of 2026 Saroj Jangde S/o Dauva Jangde Aged About 44 Years R/o Village Kevtara, P.S. Pachpedi, Distt. Bilaspur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Pachpedi, Distt. Bilaspur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Chandrikaditya Pandey, Advocate. For Respondent(s) : Mr. Saumya Rai, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.09.2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 144/2026 registered at Police Station Pachpedi, Distt. Bilaspur, (C.G.) for the offence punishable under Sections 109, 296, 351(3), 115(2), 190, 191(2), 191(3) of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 17.05.2026 at about 12:30 p.m., while the complainant Prabhakar Marshal, along with Nimesh Rai and Dileshwari Marshal, was proceeding on a motorcycle for announcing the Dashgatra programme of his elder aunt, co-accused Badal Jangde allegedly came from the opposite direction riding his motorcycle rashly and negligently and collided with their motorcycle. When the complainant objected to his manner of driving, Badal Jangde allegedly abused and assaulted him with a belt, whereafter other accused persons arrived at the spot and allegedly abused and assaulted the complainant and Nimesh Rai with lathis, sticks, an iron object, bricks and other weapons, causing injuries to them. Nimesh Rai sustained injuries to his head, ear, lip and face and was treated at SIMS Hospital, Bilaspur and Mekahara Hospital, Raipur. During investigation, the involvement of the accused persons was allegedly disclosed through the memorandum statements of Badal Jangde and Saroj Jangde, pursuant to which one belt was seized from accused Saroj Jangde. The accused persons were arrested on 19.05.2026 and sent to judicial custody. The prosecution alleges that the accused persons, in furtherance of their common intention and with an intention to cause death, assaulted the victims and caused serious injuries. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 13.08.2026, therefore this second bail 3 application is filed on the ground that six of the identically situated co-accused persons, namely, Vicky Jangde, Dinesh Patel, Tulsi Jangde, Itwari jangde, Lalit Jangde and Shailendra Jangde have already been granted bail by this Court vide common order dated 10.08.2026 in MCRC Nos.6134 of 2026, 6984 of 2026 and 7005 of 2026, charge-sheet has already been filed in the present case and the applicant is in jail since 19.05.2026, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the allegation against the applicant Saroj Jangde is that he, along with the other co-accused persons, allegedly abused and assaulted the complainant and Nimesh Rai with a belt and other weapons in furtherance of their common intention, causing injuries of a serious nature, particularly to Nimesh Rai, who sustained injuries on his head, ear, lip and face and was hospitalized. One belt was also allegedly seized from the present applicant. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 13.08.2026 in MCRC No. 6978 of 2026 on the ground that the injured Nimesh Rai had sustained a fracture of the parietal bone, which was 4 grievous in nature and dangerous to life, and the applicant was attributed a specific overt act in the assault, wherein the injured was assaulted with belts, bricks and other articles. So far as the co-accused persons, who have been granted bail by this Court, are concerned, they were granted bail on the ground that they had assaulted the injured with hands and fists, whereas the present applicant is alleged to have assaulted the injured with a belt. Thus, the case of the present applicant is distinguishable from that of the said co-accused persons. As such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the second bail application of the applicant-Saroj Jangde, involved in Crime No. 144/2026 registered at Police Station Pachpedi, Distt. Bilaspur, (C.G.) for the offence punishable under Sections 109, 296, 351(3), 115(2), 190, 191(2), 191(3) of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil