Nafr High Court
Case Details
1 2025:CGHC:13130 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 289 of 2025 1. Ramnarayan Banjare S/o Panchram Banjare Aged About 44 Years R/o Village Mission Parsabhader, Police Station City Kotwali, Balodabazar District Balodabazar-Bhatapara, C.G. 2. Prakash Banjare S/o Budhwa Bandhe Aged About 50 Years R/o Village Mission Parsabhader, Police Station City Kotwali, Balodabazar District Balodabazar-Bhatapara, C.G. --- Applicant PREETI KUMARI Digitally signed by PREETI KUMARI State of Chhattisgarh Through The SHO, Police Station City Kotwali, Balodabazar, District Balodabazar-Bhatapara C.G. --- Non-Applicant versus MCRC No. 395 of 2025 1. Yash Narayan @ Yash Narayan Banjare S/o Panchram Banjare Aged About 40 Years R/o Parsabhader P.S. City Kotwali District - Balodabazar (C.G.) 2. Gopal Banjare S/o Yash Narayan @ Yash Narayan Banjare Aged About 24 Years R/o Parsabhader P.S. City Kotwali Balodabazar (C.G.) ---Applicant Versus State of Chhattisgarh Through Station House OfÏcer Police Station Balodabazar District - Balodabazar (C.G.) --- Non-Applicant 2 For Applicant (in MCRC No. 289/2025) For Applicant (in MCRC No. 395/2025) For Non-Applicant/State
Legal Reasoning
: Mr. Siddharth Pandey, Advocate. : Mr. Pragalbha Sharma, Advocate. : Mr. Amit Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 19/03/2025 1. Since the above-mentioned two bail applications arise out of same crime
Decision
number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the First bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 14/2022 registered at Police Station- City Kotwali, Balodabazar, District – Balodabazar-Bhatapara (C.G.) or the offence punishable under Sections 147, 294, 506, 323, 307, 325, 34 of the Bharatiya Nyay Sanhita. 3. As per the prosecution case, in brief is that on 07.01.2022, Rinku Gendare filed a complaint stating that a dispute arose between two families during a Chhatti-Programme celebration at his maternal aunt's house. The dispute was initially resolved by Mukesh and Devcharan, but later, the present applicants, along with others, arrived at their house armed with clubs and began abusing and assaulting them with clubs, hands, and fists. As a result, several individuals, including Sahil Kumar Gendare, Ranu Gendare, Rinku Gendare, Sanjeet, Manoj, Khileshwar @Bunty, Laxmi, Kaushalya, and Sukhmani, sustained injuries. An FIR was lodged under Sections 147, 294, 323, and 506 of the IPC. Later, Sections 325 and 307 of the IPC were added during the filing of the 3 charge sheet. Consequently, the applicants were arrested in 2024, as non-bailable offenses were added. 4. In MCRC No. (395/2025) – Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that there is a cross-reports of the incident and both sides have received injuries and the case which was lodged from the side of the applicant against the complainant has already been compromised between them. He also submits that applicant No. 1has no previous criminal antecedents and applicant No. 2 is having one previous criminal antecedent in which he is on bail, further the charge-sheet has been filed and they are in jail since 25.11.2024. Hence, he prays for grant of bail. 5. In MCRC No. (289/2025) – Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He further submits that there was counter-case against each-other and both sides have received injuries. He also submits that the alleged incident occurred on 07.01.2022, but the applicants were arrested after 2.5 years, without any explanation for the delay. He also submits that the applicants have no previous criminal antecedents, further the charge-sheet has been filed and they are in jail since 25.11.2024. Hence, he prays for grant of bail. 6. Learned State counsel opposes the bail application and submits that the charge-sheet has been submitted. He further submits that the applicants have no previous criminal antecedents (in MCRC No. 289/2025) and applicant No. 1has no previous criminal antecedents and applicant No. 2 is having one previous criminal antecedents (in MCRC No. 395/2025). He also submits that the present applicants, along with others, arrived at the victim’s house armed with clubs and began abusing and assaulting 7. 8. 4 them with clubs, hands, and fists. As a result, several individuals sustained injuries. Therefore, they are not entitled for grant of regular bail. I have heard learned counsel for the State and perused the material available on record. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicants and the fact that there is a cross-reports of the incident and both sides have received injuries and the case which was lodged from the side of the applicant against the complainant has already been compromised between them, the applicants have no previous criminal antecedents (in MCRC No. 289/2025) and applicant No. 1has no previous criminal antecedents and applicant No. 2 is having one previous criminal antecedents (in MCRC No. 395/2025), further the charge-sheet has not been filed in the present case before the competent Court and the applicants are in jail since 25.11.2024, therefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 9. Accordingly the bail applications are allowed. Let the applicants – Ramnarayan Banjare and Prakash Banjare (MRCR No. 289/2025) and Yash Narayan @ Yash Narayan Banjare and Gopal Banjare (MCRC No. 395/2025) involved in Crime No. 14/2022 registered at Police Station- City Kotwali, Balodabazar, District – Balodabazar- Bhatapara (C.G.) or the offence punishable under Sections 147, 294, 506, 323, 307, 325, 34 of the Bharatiya Nyay Sanhita, be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that 5 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 sufÏcient cause, the trial court may proceed against them under Section 269 of BNS. (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 fails 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 BNS. (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 deliberate or without sufÏcient 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. 10. OfÏce is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- Sd/- sSd/- (Ramesh Sinha) Chief Justice Preeti