1 - Swarath Navrang S/o Panchram Navrang Aged About 45 Years R/o Village- Bheempuri v. State of Chhat
Case Details
1 2025:CGHC:32282 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5426 of 2025 1 - Swarath Navrang S/o Panchram Navrang Aged About 45 Years R/o Village- Bheempuri, Out Post- Junapara, Police Station - Takhatpur, District- Bilaspur Chhattisgarh. 2 - Chhedi Navrang S/o Panchram Aged About 60 Years R/o Village- Bheempuri, Out Post- Junapara, Police Station - Takhatpur, District- Bilaspur Chhattisgarh. 3 - Arjun Navrang S/o Chhedi Lal Aged About 31 Years R/o Village- Bheempuri, Out Post- Junapara, Police Station - Takhatpur, District- Bilaspur Chhattisgarh. --- Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Takhatpur, Out Post- Junapara, District- Bilaspur (C.G.) --- Non-Applicant Along with MCRC No. 5440 of 2025 Sanjay Navrang S/o Vidya Prasad Navrang, Aged About 28 Years R/o Village - Bheempuri, Out Post - Junapara, Police Station - Takhatpur, District - Bilaspur Chhattisgarh --- Applicant Versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Takhatpur, Out Post - Junapara, District - Bilaspur (C.G.) --- Non-Applicant RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 For Applicants
Legal Reasoning
: Mr. C.P. Lahre, Advocate. Mr. Dharmesh Shrivastava, Advocate For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.07.2025 1. The applicants have preferred these First Bail Applications 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. 176/2025, registered at Police Station : Takhatpur, Out Post - Junapara, District - Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 3(5), 109(1), 190, 191(1) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant, Prakash Navrang, lodged a report at Outpost Junapara, on the basis of which an FIR was initially registered at zero and subsequently numbered as Crime No. 176/2025 at Police Station Takhatpur on 05.04.2025 at about 12:19 AM for offences punishable under Sections 296, 115(2), 351(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023. It is alleged in the report that the complainant and his family were constructing a house in the village after demolishing their old residence and were temporarily residing in the Anganwadi building. It is further alleged that one Chhedi was also constructing a house adjacent to the Anganwadi and, while doing so, damaged the ceiling and bathroom of the Anganwadi. On 04.04.2025 at around 9:30 PM, when the complainant’s father, Shashi Navrang, objected to Chhedi raising the wall adjacent to the 3 Anganwadi, the accused Chhedi allegedly began abusing and subsequently assaulted him with threats to his life. Upon hearing the commotion, the complainant, along with his mother and sister, rushed to the spot, whereupon other accused persons namely Arjun Navrang (son of Chhedi), Swarath Navrang (brother of Chhedi), and others also arrived and allegedly assaulted the complainant and his sister using hands, fists, and a wooden plank. It is further alleged that the complainant’s father sustained injuries on his head and middle finger of the left hand, the complainant’s sister sustained a head injury, and the complainant himself suffered injuries to his head, both arms, and left hand. The incident was allegedly witnessed by Rajendra Navrang, Vinod Navrang, Pawan Navrang, and other local residents. The injured persons were sent for medical examination (MLC) at CHC Takhatpur, the applicant and other accused persons were arrested, witness statements were recorded, and upon conclusion of the investigation, a charge- sheet was filed before the Learned Judicial Magistrate First Class, Takhatpur, District Bilaspur (C.G.) for offences punishable under Sections 296, 351(2), 115(2), 3(5), 109(1), 190, and 191(1) of the Bharatiya Nyaya Sanhita, 2023. The case has been registered as Criminal Case No. 1130/2025 and is presently pending for committal. 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 injured Sukhni Navrang, Shashi Kumar Navrang, Sushma Navrang and Prakash 4 Navrang were sent to medical examination and treatment to Community Health Centre, Takhatpur and as per the report, Sukhni refused to treatment and all other injured persons received the injuries simple in nature. He also submits that other co-accused person, namely, Parasram Navrang has already been granted bail by this Court vide order dated 08.07.2025 in MCRC No .5271/2025 and the case of present applicants are similar to that of the co- accused, further the applicants have no criminal antecedent, the applicant is in jail since 14.05.2025, 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 on the ground of parity. 4. On the other hand, learned State Counsel appearing for the non- applicant/State opposes the bail application. He further submits that applicants along with other co-accused persons damaged the Anganwadi wall while constructing nearby, when the complainant’s father objected, applicants and his relatives assaulted him and other family members, causing injuries, 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 14.05.2025, the fact that though the allegation is that the applicants along with other co-accused persons damaged the Anganwadi wall while constructing nearby, when the complainant’s 5 father objected, applicants and his relatives assaulted him and other family members, causing injuries, but other co-accused person, namely, Parasram Navrang has already been granted bail by this Court vide order dated 08.07.2025 in MCRC No .5271/2025 and the case of present applicants are similar to that of the co- accused, so far as the criminal antecedent of the applicants is concerned, they have no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case on the ground of parity. 7. Let the Applicants – Swarath Navrang, Chhedi Navrang, Arjun Navrang and Sanjay Navrang, involved in Crime No. 176/2025, registered at Police Station : Takhatpur, Out Post - Junapara, District - Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 3(5), 109(1), 190, 191(1) of Bharatiya Nyaya Sanhita, 2023, 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 6 their counsel. In case of their absence, without sufÏcient 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 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. 8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Rahul Dewangan Sd/- (Ramesh Sinha) Chief Justice