Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 37962 (CHH)

GANPAT YADAV v. STATE OF CHHATTISGARH

MCRC/8317/2026 · 2026-09-27

Shri Rakesh Mohan Pandey

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010344422026 2026:CGHC:42167 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8317 of 2026 1 - Ganpat Yadav S/o Baijnath Yadav Aged About 60 Years R/o Village- Dhamalpur Police Outpost Baya Police Station Rajadewari, District- Balodabazar-Bhatapara (C.G.). 2 - Laibani Yadav W/o Ganpat Yadav Aged About 55 Years R/o Village- Dhamalpur Police Outpost Baya Police Station Rajadewari, District- Balodabazar-Bhatapara (C.G.). …. Applicants versus State of Chhattisgarh Through The Station House Officer, Police Chowki, - Bays Police Station Rajadevri, District- Balodabazar-Bhatapara Chhattisgarh. .... Non-applicant For Applicants : Mr. Palash Agrawal, Advocate For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 28/09/2026 1. This is the first bail application filed by the applicants under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in connection with Crime No. 71/2026 registered at Police Station Rajadevri, District Balodabazar-Bhatapara (C.G.) for offences punishable under Sections 109, 296, and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on 15.07.2026 at around 11:00 PM, while the victim Ganeshram Yadav was outside his house, his brother Ganpat Yadav arrived and began hurling filthy abuses over an 2 ongoing land dispute, alleging that Ganeshram had unlawfully occupied his land. Ganpat Yadav then called his wife Laibani and son Aman Yadav to the spot and threatened to kill him. Co-accused Ganpat Yadav and Laibani caught and held both hands of the victim, and accused Aman Yadav assaulted him with a sharp-edged weapon, inflicting a grievous injury on his head. 3. Learned counsel appearing for the applicants would submit that the applicants are innocent and have falsely been implicated in the present crime. He would further submit that the main allegation of assault with a sharp-edged weapon is attributed to co-accused Aman Yadav and no overt act of causing weapon injury is alleged against the present applicants. He would submit that applicant No. 1 is in jail since 27.07.2026 whereas applicant No. 2 is in jail since 10.08.2026; the investigation is complete and the charge-sheet has already been filed; the trial is likely to take considerable time to conclude; thus, he would pray that the applicants may be enlarged on regular bail. 4. On the other hand, learned State counsel would oppose the bail application and submit that the allegations against the present applicants are that they held the hands of the victim and facilitated the assault. In the medical report, the injuries sustained by the victim are opined to be grievous in nature; thus, the applicants may not be enlarged on bail. 5. Heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, particularly the main role of assaulting the victim on his head with a sharp-edged weapon is assigned to co-accused Aman Yadav, whereas the role attributed to the present applicants is of catching hold of the victim; further taking into consideration that the investigation has been completed and the charge-sheet has already been filed, that applicant No. 1 is in custody since 27.07.2026 and applicant No. 2 is in custody 3 since 10.08.2026, and the conclusion of trial is likely to take some time, this Court is inclined to release the applicants on regular bail. 7. Accordingly, the bail application is allowed. 8. It is directed that the applicants shall be released on regular bail upon each of them furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand) with one surety each in the like sum to the satisfaction of the trial Court, on the following conditions:- (i) they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court, (ii) they shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits. Sd/- Rakesh Mohan Pandey JUDGE Nadim