1 CGHC010365692026 2026:CGHC:41309 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8822 of 2026 1 - Ghanshyam Jogi S/o Shri Barik Jogi, Aged About 35 Years R/o Village Chhindauli, Police Station Patewa, Tahsil And District Masamund (C.G.) 2 - Devkumar @ Deva Jogi, S/o Shri Barik Jogi, Aged About 25 Years R/o Village Chhindauli, Police Station Patewa Tahsil And District Mahasamund (C.G.) ... Applicants Versus State Of Chhattisgarh Through The Station House Office, Police Station Patewa District Mahasamund (C.G.) ... Respondent(s) _____________________________________________________ For Applicants : Mr. Pushpendra Kumar Patel, Advocate. For State : Mr. Avinash Singh, G.A. HON'BLE SHRI JUSTICE PARTH PRATEEM SAHU ORDER ON BOARD 22.09.2026 1. The Applicants have preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 92/2026 registered at Police Station – Patewa, SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.09.23 18:08:13 +0530 SAURABH YADAV Digitally signed by SAURABH YADAV Date: 2026.09.23 18:09:31 +0530 2 District: Mahasamund (C.G.), for the offence under Sections 296, 115 (2), 351 (3), 109 (1), 118 (2), 331 (5), 191(2) and 117 (2) of BNS. 2. The brief facts of the prosecution case are that the complainant, Raj Kumar Pandey, lodged a report alleging that on 20.05.2026 at about 3:00 PM, the accused Ghanshyam Jogi and Devkumar @ Deva Jogi came to his dhaba and attempted to take away a car servicing pipe; when the complainant’s son, Nitesh Pandey, objected, a verbal altercation took place. Thereafter, the present applicants left the spot and returned after some time along with other co-accused persons, whereupon they allegedly used filthy and abusive language, threatened to kill the complainant, forcibly entered the dhaba, and assaulted him, causing him and others injuries. On the basis of this report, an FIR was registered, and the present applicant/accused was arrested on 22.05.2026 Hence, this bail application. 3. Learned counsel for the Applicants submits that the Applicants are innocent and have been falsely implicated in the present case. He submits that the report was lodged by narrating false facts and that some altercation took place with Applicant No. 1 when the applicant came to the service centre operated by the complainant. During the altercation and exchange of words, some scuffle took place between the complainant party and the applicant party, in which some injuries were suffered; however, the injuries are 3 simple in nature. There are no injuries suffered by the complainant party on any vital part of the body. 4. Counsel for the State would oppose this submission and submits that, as per the allegations, Applicant No. 1 came along with other co-accused persons with an intent to cause injuries and assaulted the complainant. In the incident, the son of the complainant, Sonu, suffered a fracture on the right little finger. He does not dispute that the other injuries are simple in nature and further submits that the co-accused person, namely Kuleshwar Kurre, has been enlarged on bail. He further submits that there are three criminal antecedents of Applicant No. 1, two under the Gambling Act of the years 2018 and 2022, and one under Section 379 of the IPC of the year 2022. There is one criminal antecedent of Applicant No. 2 for the alleged commission of offences under Sections 296, 115(2), and 351(3) of the BNS. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submissions advanced by learned counsel for the parties, the nature of the allegations, the fact that the Applicants have been in jail since 22.05.2026, the fact that the charge-sheet has been filed, and the nature of the injuries suffered by the complainant party, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail. 4 7. Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that: (i) The applicants 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 applicants 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 applicants 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 applicants 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 in accordance with law. Sd/- (Parth Prateem Sahu) JUDGE Saurabh