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2026 DAILYLAW 38472 (CHH)

SUJEET KUMAR RAI v. STATE OF CHHATTISGARH

MCRC/8159/2026 · 2026-10-06

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010339392026 2026:CGHC:43435 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8159 of 2026 1 - Sujeet Kumar Rai S/o Lal Bahadur Rai (Wrongly Mentioned As Lal Bahadur Roy In Covering Memo Of Impugned Order ) Aged About 22 Years (Wrongly Mentioned As Sujeet Roy In Covering Memo Of Impugned Order) R/o B-302 Phase -2 Anand Vihar Ward No.54, Green Tower Potiya Chowk, Durg Police Station Padmanabhpur Tehsil And District - Durg (C.G.) (Incomplete Address Wrongly Mentioned In The Cause Title Of The Impugned Order ) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Station House Officer P.S. Padmanabhpur District Durg (C.G.) ... Respondent(s) For Applicant : Shri Prasoon Agrawal, Advocate. For Non-applicant/State : Shri Sourabh Sahu, P.L. HON’BLE SHRI JUSTICE RAKESH MOHAN PANDEY Order on Board 07/10/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.279/2026 registered at Police Station Padmanabhpur, District Durg NIRMALA RAO 2 (C.G.), for the offence punishable under Sections 296, 115(2), 351(3), 109(1) & 3(5) of BNS. 2. The case of the prosecution, in brief, is that on 14.5.2026, at around 11:30 p.m., the complainant, while returning along with his friends after having dinner, got into an altercation near Vishal Mega Mart, Padmanabhpur. It has been alleged that co-accused – Lokeshwar Sahu and Ritendra Yadav called their friends and assaulted the complainant and his friends with wooden sticks, stones, hands and fists, due to which they sustained injuries. On the basis of the said incident, the police registered the offence, as stated above, against the present applicant. 3. Learned counsel for the applicant would submit that the applicant was not named in the FIR and that his name was not mentioned in the memorandum of Ritendra Yadav (main accused), who, along with other co-accused, inflicted a head injury on Shakheer Khan. He would contend that, in the present case, the charge-sheet has already been filed, the applicant has been in jail since 9.8.2026, and he has only one criminal antecedent, registered for commission of an offence under Section 115(2) of the BNS in the year 2025. Thus, he would pray for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State would oppose the bail application and submit that the present applicant was in the company of four other persons, namely, Shakeer Khan, Mukesh, Pankaj and Akash. He would contend that Shakeer Khan sustained a head injury, which was inflicted by hands, fists and a wooden stick. He would further contend that, according to the MLC, the injuries sustained by the injured persons are simple in nature, except the injury sustained by 3 Shakeer Khan, which is serious in nature. Therefore, the bail application deserves to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Having considered the fact that the charge-sheet has already been filed, that the applicant has been in jail since 9.8.2026, that he has no criminal antecedents of a similar nature, the role played by the present applicant, and the fact that the trial may take some time to conclude, this Court is of the view that the applicant is entitled to be released on bail in the present case. Accordingly, the bail application is allowed. 7. Let the applicant be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) he 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 fact to the Court; (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/- (Rakesh Mohan Pandey) JUDGE Nimmi