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2026 DAILYLAW 34684 (CHH)

BAMAN KUNJAM @ DONDI v. STATE OF CHHATTISGARH

MCRC/8212/2026 · 2026-09-02

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 CGHC010342512026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8212 of 2026 Baman Kunjam @ Dondi S/o Late Mangu Kunjam Aged About 40 Years R/o Village Kutrem, Sarpanchpara, P.S. Kirandul, District Dantewada (C.G.) ...Applicant versus State Of Chhattisgarh Through The Police Station Kirandul, District Dantewada (C.G.) ... Respondent For Applicant : Mr. Pravin Kumar Tulsyan with Mr. Vikas Patel, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Govt. Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 03.09.2026 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No. 62/2025, registered at Police Station - Kirandul, District Dantewada (C.G) for the offence punishable under Sections 109(1) & 3(5) of the BNS. 2. The case of the prosecution, in brief, is that on 16.10.2025 at about 10:00 P.M., the complainant was sleeping in the porch of her house, 2 while her husband was sleeping in another nearby house/porch. It is alleged that the victim came there and struck/slammed the door of the complainant's house and fell down there, whereupon blood was noticed coming from his throat. The complainant thereafter called the neighbours for help, and the injured was taken to the hospital for treatment. Subsequently, the complainant lodged a report against an unknown person, on the basis of which the FIR was registered. During the course of investigation, the present applicant was subsequently alleged to be involved in the commission of the offence and was arrested on 17.10.2025. After completion of investigation, the police filed the charge-sheet before the competent Court. The applicant is presently in judicial custody. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has no direct involvement in the alleged offence. It is submitted that the FIR was initially lodged against an unknown person and the name of the applicant was not mentioned therein, and his subsequent implication is required to be tested during trial. There is no eye- witness who has specifically witnessed the applicant causing any injury to the victim, nor has any weapon or other incriminating article been seized or recovered from his possession. As per the prosecution case itself, the alleged assault with an axe is attributed to co-accused Bhima and no specific role has been attributed to the present applicant in the alleged incident. The charge-sheet has already been filed and, therefore, no further custodial interrogation of the applicant is required. The applicant has been in judicial custody since 3 17.10.2025 and has already undergone about 10 months and 13 days of incarceration as on 30.08.2026. Further, out of total 13 prosecution witnesses cited in the charge-sheet, not a single prosecution witness has yet been examined, and therefore, the trial is likely to take considerable time to conclude. The applicant has no criminal antecedents and there is no material on record to suggest that he is a habitual offender or that he would misuse the liberty of bail; hence, considering the period of incarceration and the facts and circumstances of the case, the applicant deserves to be released on regular bail. 4. On the other hand, learned State Counsel appearing for the On the other hand, learned State counsel vehemently opposed the bail application and submitted that the allegations against the applicant are serious in nature. It is further submitted that the victim sustained a grievous injury on his neck caused by a sharp-edged weapon and that the involvement of the applicant subsequently surfaced during the course of investigation. Therefore, considering the nature and gravity of the allegations and the material available on record, the applicant is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature of the allegations and the material available on record, it is observed that the victim sustained a grievous injury on his neck caused by a sharp- edged weapon, though the FIR was initially lodged against an unknown person, the involvement of the present applicant 4 subsequently surfaced during the course of investigation. Considering the nature of the injury and the allegations against the applicant, this Court is not inclined to grant regular bail to the applicant. Accordingly, the bail application is rejected. 7. Accordingly, the bail application of the applicant – Baman Kunjam @ Dondi, involved in Crime No. 62/2025, registered at Police Station - Kirandul, District Dantewada (C.G) for the offence punishable under Sections 109(1) & 3(5) of the BNS, is rejected. Sd/- (RavindraKumar Agrawal) Judge vaibhav