1 CGHC010356722026 2026:CGHC:42581 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8664 of 2026 1 - Nainsingh Markam S/o Samrat Singh Markam Aged About 43 Years R/o Village- Jamunpani Police Station Jhalmala District- Kabirdham (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer Police Station Jhalmala District- Kabirdham (C.G.) ... Non-applicant For Applicant : Mr. Abhipreet Bajpai, Advocate For Non-applicant /State : Ms. Ankita Shukla, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 30/09/2026 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 11/2026, registered at Police Station Jhalmala, District – Kabirdham (C.G.) for offence 2 punishable under Sections 109(1), 296, 115(2), 351(3) and 3(5) of the Bhartiya Nyay Sanhita, 2023 (hereinafter, “BNS”). 2. Case of the prosecution, in brief, is that on 29/06/2026 at about 7 AM, the present applicant, on account of some land dispute, got into the Tractor and drove it over Takhat Singh Markam. FIR was lodged by the complainant Smt. Prembati Bai Markam, wife of Takhat Singh Markam and the aforesaid offences were registered against the applicant. 3. Mr. Abhipreet Bajpai, learned counsel for the applicant, would argue that the applicant is innocent and has falsely been implicated in the crime in question. He would further submit that the applicant does not even know how to drive a Tractor. He would also contend that there is only one previous antecedent of the applicant registered in the year 2020 for commission of offence under the Motor Vehicles Act, 1988. It is also argued that the injuries sustained by the injured victim are simple injuries and the FIR has been lodged against the applicant only on account of enmity as the applicant did not have any intention to cause injuries to the injured persons. Lastly, he would contend that investigation has been completed, charge sheet has been filed and the applicant is in jail since 03/07/2026 and conclusion of trial is likely to take considerable time, therefore, the applicant may be released on bail. 4. On the other hand, Ms. Ankita Shukla, learned counsel appearing for the non-applicant/State, would oppose the bail application and 3 submit that applicant knew very well how to drive a Tractor which is evident from the fact that a similar case was registered against the applicant in the year 2020 for commission of offence under the provisions of Motor Vehicle Act, 1988. She would further contend that the injury sustained by the injured is grievous in nature as he suffered fracture of his sixth rib. She would lastly argue that there are serious allegations against the applicant in the FIR and the applicant, with clear intention of committing murder of the injured, drover over the Tractor upon the injured, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary as well as the material available on record. 6. Having considered the nature and gravity of the allegations levelled against the applicant, the manner in which the incident is alleged to have occurred, the fact that the applicant is alleged to have driven the Tractor over the injured pursuant to a land dispute, and the fact that the injured sustained a fracture of his sixth rib which is a grievous injury, this Court is of the view that the allegations against the applicant are serious in nature. Further considering that there is one previous antecedent of the applicant whereby a case was registered against him in the year 2020 for commission of offence under the provisions of the Motor Vehicle Act and also considering that the injured witnesses have made serious allegations against the applicant in their statements under Section 180 of BNSS, this Court is not inclined to grant bail to the applicant. 4 7. Accordingly, this third bail application filed by the applicant – Nainsingh Markam for grant of regular bail, as he has been arrested in connection with Crime No. 11/2026, registered at Police Station Jhalmala, District – Kabirdham (C.G.) for offence punishable under Sections 109(1), 296, 115(2), 351(3) and 3(5) of BNS is hereby dismissed. Sd/- (Rakesh Mohan Pandey) JUDGE Harneet