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2026 DAILYLAW 9635 (CHH)

VIMAL KUMAR SAPRE v. STATE OF CHHATTISGARH

MCRC/3954/2026 · 2026-04-29

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:20186 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3954 of 2026 Vimal Kumar Sapre S/o Shri Jhamman Sapre Aged About 32 Years R/o Shivaji Ward, P.S. Mungeli, Dist. Mungeli C.G. ... Applicant versus State of Chhattisgarh through S.Ho. P.S. City Kotwali Mungeli, Dist.- Mungeli C.G. ... Respondent For the applicant : Mr. Ravindra Sharma, Advocate For the State : Mr. Ramnarayan Sahu, Dy. G.A. and Mr. Suresh Tandon, Panel Lawyer Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 30/04/2026 1. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No.530/2025 registered at Police Station City Kotwali Mungeli, Dist. Mungeli (CG) for offence punishable under Sections 115(2), 296, 351(3), 103(1), 109(1), 117(2), 61(2), 191(2), 191(3) & 190 of BNS. 2. In this case, there are total 8 accused persons in which 7 are major and 1 is juvenile accused. As per the prosecution case, complainant, Prafulla Sonkar, lodged a report at City Kotwali Mungeli alleging that on 11.12.2025 at about 3:30 pm, he was informed by Gendlal Sonkar ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.05.01 12:47:18 +0530 2 that co-accused Jhamman Sapre and his family members were forcibly harvesting crops from their field in Nevaspur. Upon hearing this, the complainant along with his brothers Ajit Sonkar & Nikhil Sonkar, father Rohit Sonkar, mother Purnima Sonkar, and grandfather Janak Sonkar (now deceased) reached the field at approximately 03:45 pm and prevented the accused persons from harvesting the crop. In response, the present applicant Vimal Kumar Sapre and co-accused Jhamman Sapre, Doojram and Dwarika acting with common intention, started hurling filthy abuses and assaulted them with sticks, iron axe and fists. As a result of which, the complainant, his parents and grandfather Janak Sonkar suffered grievous injuries. Following the complainant's report, a criminal case was registered against the applicant and other accused persons and investigation was taken up. The injured were taken to the District Hospital Mungeli for treatment and during the course of treatment, injured Janakram Sonkar died due to his injuries. 3. Learned counsel for applicant submits that the mere allegation against the present applicant is that he assaulted the injured with Danda (Lathi) whereas the injuries suffered by the deceased were found to be caused by hard and sharp object. Co-accused Roop Narayan Ahire, Pranay, Smt. Hiraundi Bai and another juvenile accused have been granted bail by this Court. There are no criminal antecedents reported against the applicant. The applicant is in jail since 25.12.2025, trial has not yet commenced and there is no immediate possibility of disposal of the case, therefore, the applicant may be released on bail. 4. Per contra, learned State counsel opposes the bail application, submitting that the applicant was specifically named in the FIR and further his name was also disclosed in 161 CrPC statement. He 3 further submits that a bamboo stick (lathi) was seized from him and the applicant has actively participated in the crime. He further submits that the FIR does not mention the names of bailed out accused Roop Narayan, Pranay, Smt. Hiraundi Bai and other juvenile accused nor any seizure was shown to have been made from them, therefore, the case of the present applicant is different from that of other bailed out accused. Hence, considering the nature of allegations and the role played by the present applicant, he does not deserve to be released on bail. 5. Heard learned counsel for the parties and perused the case diary. 6. Having considered the submissions made by learned counsel for the parties; the over-all facts and circumstances of the case as also the nature of allegations levelled against him and the gravity of offence, I am not inclined to release the applicant on bail. 7. Accordingly, his bail application is rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Rao