Kamal Alias Komal Gomasta S/o Gopal Gomasta Aged About 22 Years R/o P.V. 76 v. State Of Chhattisgarh Through The Police Station Bande, District North Bastar Kanker, Chhattisgarh
Case Details
KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 1 2025:CGHC:13866 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1891 of 2025 Kamal Alias Komal Gomasta S/o Gopal Gomasta Aged About 22 Years R/o P.V. 76 Krishna Nagar Bande, P.S. Bande, District North Bastar Kanker, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Police Station Bande, District North Bastar Kanker, Chhattisgarh. ... Non-Applicant For Applicant
Legal Reasoning
: Mr. Praveen Kumar Tulsyan, Advocate For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. For Objector : Mr. Vibhor Gouardhan, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/03/2025 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. 87/2025 registered at Police Station- Bande, District- North Bastar Kanker (C.G.), for the offence punishable under Sections 296, 351(2), 109(1), 331(6) of BNS. 2. Case of the prosecution, in brief is that the injured/victim has lodged 2 the FIR against the applicant before the concerned police station with the averment that the applicant who is the nephew of the injured/victim had entered his house, asking to stop talking to his grandfather and assaulted him with stick and caused serious injuries to the accused. Therefore, the Police has arrested the present applicant and filed the charge-sheet in the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant is the nephew of the victim and it is stated that the applicant has assaulted the victim/injured with stick on his ear, on account of which some bleeding are there, though the injury was found to be simple in nature and as per the medical report there is no any serious injuries caused upon the victim and he was hospitalized for four days and the applicant is in jail since 24.12.2024 and the conclusion of the trial is likely to take some time, therefore he prays for grant of bail to the applicant. 4. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application and submits that from perusal of the case diary, it appears that the accused, with the intention of causing death, inflicted serious injuries on the complainant, Govind Gomasta, who is the accused's uncle, by hitting him with a stick on the head, ear, back, and chest. The complainant was covered in blood and was taken to the Banda hospital by his wife, from where he was referred to the Pakhanjore hospital. After that, he was treated at the District Hospital, Kanker, and later at the Chatterjee Hospital, Dhamtari. She further stated 3 that the medical documents of the injured/complainant, attached to the case diary, show that the injuries inflicted by the accused caused a fracture in the complainant's skull. In a query made by the police to the doctor, the doctor opined that the bloodstains on the complainant's clothes were his own and also stated that the injuries sustained by the injured/complainant were of a serious nature. Accordingly, the present applicant is not entitled for grant of bail. 5. Learned counsel for the objector opposes the prayer for grant of bail and submits that he has no objection if bail granted to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 24.12.2024 and further from perusal of the case diary, it appears that the applicant is the nephew of the victim/injured, who assaulted the victim/injured with stick on his head, ear, back and chest on account of which, the victim sustained injury on his ear and though the injury was stated to be grievous in nature but, it appears to be not dangerous to life and the conclusion of the trial is likely to take some time thus, without further commenting anything on merits, I am inclined to grant bail to the applicant. 8. Let the applicant – Kamal Alias Komal Gomasta, involved in Crime No. 87/2025 registered at Police Station- Bande, District- North Bastar Kanker (C.G.), for the offence punishable under Sections 296, 351(2), 109(1), 331(6) of BNS., be released on bail on his furnishing a personal bond with two sureties, in the like 4 sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant 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 applicant is 5 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 him in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith. S/- Sd/- (Ramesh Sinha) Chief Justice - Kunal