1 2026:CGHC:15826 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3068 of 2026 1 - Vivek Jogi S/o Shri Prem Jogi Aged About 20 Years R/o Village Diggi, P.S. Bhatapara (Rural), District Baloda Bazar-Bhatapara, Chhattisgarh. 2 - Narendra Jogi S/o Late Shri Mukhi Ram Jogi Aged About 36 Years R/o Village Diggi, P.S. Bhatapara (Rural), District Baloda Bazar- Bhatapara, Chhattisgarh. 3 - Vijay @ Vicky Jogi S/o Shri Prem Jogi Aged About 31 Years R/o Village Diggi, P.S. Bhatapara (Rural), District Baloda Bazar-Bhatapara, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. P.S. Bhatapara (Rural), District Baloda Bazar-Bhatapara, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Ravindra Sharma, Advocate. For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/04/2026 1. This is the first bail application filed under Section 483 of the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 86/2026 registered at Police Station Bhatapara (Rural), District Baloda Bazar-Bhatapara (C.G.) for the offence punishable under Sections 296, 109(1), 115(2), 3(5) of BNS. 2. Case of the prosecution, in brief, is that on the basis of a report lodged by the complainant Gyan Das Ghritlahare at Police Station Bhatapara (Rural), it is alleged that his nephew, Kishan Ghritlahare, had earlier submitted an application before the SDM Office, Simga against Manisha Jogi, wife of Narendra Jogi, regarding non-distribution of rice by a self-help group operating in village Diggi. On account of the said grievance, on 17.02.2026 at about 3:30 PM, the accused persons, namely Vivek Jogi, Narendra Jogi and Vijay @ Vicky Jogi, came in front of the complainant’s house and started abusing the nephew of the complainant in filthy language for submitting the complaint. When the complainant intervened to pacify the situation, the accused persons allegedly threatened to kill him and assaulted him with a rod and stone with an intention to cause his death, resulting in injuries on his head. It is further alleged that when the complainant’s brother Devdas intervened to rescue him, he was also assaulted by the accused persons by fists and a pickaxe, causing injuries. The incident was witnessed by Talif Ghritlahare, Ramdhani Ghritlahare and other persons. During investigation, 3 statements of witnesses were recorded and a spot map was prepared. Initially, one accused Ajit Jogi was also named, however, due to lack of evidence, his name was deleted from the case. Thereafter, the remaining accused persons were arrested on 19.02.2026 and, upon completion of investigation, charge- sheet was filed before the Court of Judicial Magistrate First Class, Bhatapara. The offences have been registered under Sections 296, 109(1), 115(2), and 3(5) of the Bharatiya Nyaya Sanhita (BNS). Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the dispute arose between the parties on the basis that the complainant’s nephew had filed a complaint before the SDM against the accused side regarding non-distribution of rice by their self-help group. Due to this, the accused persons got agitated and, in retaliation, abused and assaulted the complainant and his family members, therefore, there are cross-report of the incident and both the sides have received injuries, so far as complainant side is concerned, the injuries sustained by the injured persons are simple in nature and no internal damage has been caused as per NCCT head report. The applicants are in jail since 19.02.2026, the applicants have no criminal antecedents, charge- sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicants are alleged to have abused the complainant in filthy language, threatened him with death, and assaulted him with rod, stone, and pickaxe, causing injuries on his head, with an intention to kill. They also assaulted the complainant’s brother when he intervened. Therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 19.02.2026, the fact that though the applicants are alleged to have assaulted the injured with rod, stone, and pickaxe, causing injuries on his head, but considering the fact that the injuries sustained by the injured persons are found to be simple in nature and as per NCCT head report, the said injuries are not dangerous to life, furthermore, the applicants have no criminal antecedents and charge-sheet has been filed, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicants-Vivek Jogi, Narendra Jogi and Vijay @ Vicky 5 Jogi, involved in Crime No. 86/2026 registered at Police Station Bhatapara (Rural), District Baloda Bazar-Bhatapara (C.G.) for the offence punishable under Sections 296, 109(1), 115(2), 3(5) of BNS, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, 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 applicants are 6 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 them in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil