Bilaspur (C.G.) v. State Of Chhattisgarh Through
Case Details
1 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN HIGH COURT OF CHHATTISGARH AT BILASPUR 2025:CGHC:45090 NAFR MCRC No. 4158 of 2025 1 - Ramkumar S/o Mahettar Yadav Aged About 55 Years R/o Village- Seepat, Police Station - Seepat, District - Bilaspur (C.G.) 2 - Jitendra Yadav S/o Ramdular Aged About 35 Years (Wrongly Written As 55 Years In The Order Sheet), R/o Village- Seepat, Police Station - Seepat, District - Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House OfÏcer, Police Station Seepat, District- Bilaspur (C.G.) ... Non-applicant(s) For Applicants
Legal Reasoning
: Mr. Ajay Kumar Chandra, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice 03.09.2025 Order on Board 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 209/2025, registered at Police Station : Seepat, District- Bilaspur (C.G.) for the offence punishable under Section 296, 351(2), 118, 118(2) read with Section 3(5) of B.N.S. 2. The case of the prosecution, in brief, is that on 21.04.2025, Bharat 2 Rajak along with Aman Kewat, Chandraprakash Dhiwar, Vikas Rajak and others had gone to the house of Govardhan Yadav, resident of Khonhania Uchchhbhathi, for catering work in connection with a marriage ceremony under the contract of Bharat Rajak. While Aman Kewat was preparing dosa, Jitendra Yadav and Ram Kumar Yadav, on the pretext of not making good dosa, started abusing Bharat Rajak with filthy language relating to his mother and sister and assaulted him with fists and blows. After some time, when the situation appeared to calm down, Ramayan Dhiwar, Bharat Rajak, Vikas Rajak and Chandraprakash Dhiwar were making puris, at which point again Jitendra Yadav and Ram Kumar Yadav came, hurled obscene abuses regarding mother and sister, threatened to kill, assaulted Bharat Rajak with fists and blows and pushed him into the hot oil pan in which puris were being fried, causing severe burn injuries on his abdomen, waist, both hands and face. Subsequently, Bharat Rajak was taken to Government Hospital, Seepat, from where he was referred to BTRC Hospital for better treatment. As per the medical report annexed in the case diary, Bharat Rajak remained admitted at the Burn & Trauma Research Center, Vinoba Nagar, Bilaspur, from 21.04.2025 to 10.05.2025. The medical report records that the injured sustained 50% deep burns caused by boiling hot oil. The offence committed by the accused persons is of a very serious nature and the injuries sustained by the victim, Bharat Rajak, amount to grievous hurt. 3 Accordingly, aforesaid offences were registered against the accused persons and investigation is still in progress. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. It is submitted that the complainant was engaged in preparing food at a marriage ceremony, during which a dispute arose regarding payment of money. It is further stated that some hot oil accidentally fell on him, due to which he sustained about 50% burn injuries. Learned counsel further submits that the applicants have been in jail since 17.05.2025 and they have no criminal antecedents, as the trial is likely to take some time for its conclusion, they pray for grant of bail. 4. On the other hand, the learned State counsel opposes the prayer for grant of bail and submits that the case diary shows that on 21.04.2025, after abusing the complainant Bharat Rajak, the accused persons assaulted him and deliberately pushed him into a pan of boiling oil while he was preparing food at a marriage function. As a result, Bharat Rajak sustained 50% deep burn injuries on his abdomen, waist, hands and face, and remained hospitalized from 21.04.2025 to 10.05.2025 at Burn & Trauma Research Center, Bilaspur. The offence is of a grave nature, causing grievous hurt, and investigation is still in progress. Considering the seriousness of the act, the gravity of injuries and the stage of investigation, the accused do not deserve the benefit of bail. 5. I have heard learned counsel for the parties and perused the case- 4 diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 17.05.2025 and the fact that in the present case, charge- sheet has been filed before the competent Court and the applicants have no criminal antecedents and no further interrogation is required and the trial is likely to take some time for its conclusion therefore, without further commenting anything on merits, I am inclined to grant bail to the applicants. 7. Let applicants, Ramkumar and Jitendra Yadav, involved in Crime No. 209/2025, registered at Police Station : Seepat, District- Bilaspur (C.G.) for the offence punishable under Section 296, 351(2), 118, 118(2) read with Section 3(5) of B.N.S, be released on bail on furnishing 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 sufÏcient cause, the trial court may proceed against 5 them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure his 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 deliberated 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. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Kunal Sd/- (Ramesh Sinha) Chief Justice