1 - Bhagwan Das Yadav S/o Shankar Dayal Yadav Aged About 20 Years R/o v. State O
Case Details
1 2025:CGHC:39260 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6194 of 2025 1 - Bhagwan Das Yadav S/o Shankar Dayal Yadav Aged About 20 Years R/o Village Gobardaha (Wrongly Mentioned As Godardaha), Police Outpost Balangi, Police Station Raghunath Nagar District- Balrampur- AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Ramanujganj (C.G.) 2 - Lalu Prasad S/o Ram Dayal Aged About 28 Years R/o Village Gobardaha (Wrongly Mentioned As Godardaha), Police Outpost Balangi, Police Station Raghunath Nagar District- Balrampur-Ramanujganj (C.G.) --- Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Outpost Ganeshmod, Police Outpost Balangi, Police Station Raghunath Nagar District- Balrampur-Ramanujganj (C.G.) --- Respondent(s) MCRC No. 4292 of 2025 1 - Ramanuj Yadav S/o Ramnarayan Yadav Aged About 25 Years R/o Gobardaha, Police Chowki Balangi, Police Station Raghunath Nagar, District Balrampur-Ramanujganj (C.G.) 2 - Rameshwar Yadav S/o Ramnarayan Yadav Aged About 24 Years R/o Gobardaha, Police Chowki Balangi, Police Station Raghunath Nagar, District Balrampur-Ramanujganj (C.G.) 2 3 - Birendra Kumar S/o Ramnarayan Yadav Aged About 22 Years R/o Gobardaha, Police Chowki Balangi, Police Station Raghunath Nagar, District Balrampur-Ramanujganj (C.G.) ---Applicant(s) Versus State Of Chhattisgarh Through S.H.O. Police Station Raghunath Nagar, District Balrampur-Ramanujganj (C.G.) --- Respondent(s) For Applicants in MCRC No.6194 of 2025
Legal Reasoning
: Mr. Kishore Narayan, Advocate. For Applicants in MCRC : Mr. Awadh Tripathi, Advocate. No.4292 of 2025 For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/08/2025 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being
Decision
disposed of by this common order. 2. These are the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 19/2025 registered at Police Station Raghunath Nagar, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 191(2), 191(3), 190, 296, 351(2), 115, 109 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 3. Case of prosecution in brief is that, a report lodged by the 3 complainant, Lalita Yadav, at Police Chowki Balangi, Raghunathnagar, stating that on February 22, 2025, around 1:00 AM, she and her husband, Rajesh Pal, were traveling on their motorcycle to her sister's house near Semar. The accused, Bhagwan Das Yadav and Birendra Yadav, began chasing them. Bhagwan Das hit her husband's hand with a stick, causing them to fall off the motorcycle. The accused then allegedly assaulted her husband with sticks, threatening to kill him. When she intervened, the accused Ram Anuj and Lalu also assaulted her with sticks on her head and hand. During the altercation, her child fell from her lap, and the accused allegedly snatched the child and threw it, hitting her on the head. When she tried to call for help, the accused Lalu threw away her phone. The accused fled the scene, believing her husband to be dead. She took her husband to Raghunathnagar Hospital and later to Baidhn for treatment. Based on her report, a case was registered against the accused under various sections of the Indian Penal Code, including 191(2), 191(3), 190, 296, 351(2), and 115. The investigation involved medical examination of the injured, recording witness statements, and seizing the sticks used in the incident. Additional charges under Section 109 of the IPC were added. The accused were arrested on different dates, and after completing the investigation, a charge sheet was filed. Hence, the bail application. 4. Learned counsel for the applicants in MCRC 6194 of 2025 submits that the applicants are innocent and have been falsely implicated in this case. He further submit that the FIR was not initially registered under Section 109 BNS (307 IPC), suggesting the assault was not 4 initially deemed grievous. Furthermore, the first assault was on the victim's hand, not head, indicating no intention to kill. He also submits that the head assault is attributed to co-accused Ramanuj, not the applicants. Moreover, the CT scan report shows bleeding and swelling but no fracture. The applicants are in jail since applicant, namely, Bhagwan Das -03.04.2025 and applicant, namely, Lalu Prasad – 26.04.2025, further trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 5. Learned counsel for the applicants in MCRC 4292 of 2025 submits that the applicants are innocent and has falsely been implicated in the present case. He further submits that the allegations of assault are against co-accused Bhagwan and Lalu, supported by the injured's statement and medical evidence, which shows no bone injury on the parietal region, only fractures on the hand and foot, making a prima facie case under Section 307 IPC unlikely, thus the main assault is attributed to Bhagwan and Lalu, and further detention of the applicants is unjustified. Furthermore, There is a previous enmity due to an abduction case filed by the applicants' uncle against the injured in 2024, and the current case is a result of this enmity. He also submits that the doctor's query report confirms fractures on the hand and foot, but this doesn't necessarily imply a grievous assault by the applicants. The injured's statement doesn't mention the applicants assaulting him with lathis, which were allegedly used by Bhagwan and Lalu. 6. He also submits that the charge-sheet lacks specific allegations 5 against the applicants, and the case seems to be motivated by previous enmity. Moreover, the injuries are not sufficient to cause death, and the doctor's opinion on grievous injury isn't attributable to the applicants. The applicants claim the injuries were caused by a road accident, and they're being falsely implicated. At most, the offense could be under Section 118(2), which is bailable, making further detention unjustified. The applicants are in jail since applicant, namely, Ramanuj Yadav - 30.04.2025 and applicant, namely, Rameshwar Yadav & Birendra Kumar – 26.04.2025, further trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 7. Per contra, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the allegations are grave and serious in nature. The assault was made on the injured and complainant during night hours, while the injured alongwith his wife and 5 months old child were going on the motorcycle, in which the complainant’s husband suffered grievous injuries and even the 5 months old child was thrown to the ground, who though suffered simple injury. The acts attributed to the accused persons reveal a well-orchestrated attack. Therefore, the applicants are not entitled for grant of bail. 8. I have heard learned counsel for the parties and perused the case diary. 9. From perusal of the case diary, it prima facie appears that the 6 accused persons, namely Bhagwan Das Yadav and Birendra Yadav, allegedly chased the injured and assaulted him with sticks, resulted in grievous injuries, while he alongwith his wife / complainant and their 5 months old child were going on the motorcycle. Further, when the complainant tried to intervene, other accused persons, namely Ram Anuj and Lalu, also assaulted her with sticks on her head and hand, resulted in simple injury. The allegations further disclose that during the assault, the child of complainant was thrown to the ground, who though suffered simple injury and the mobile phone was also allegedly snatched and destroyed to prevent them from seeking help. The medical evidence, seizure of weapons, and witness statements recorded during investigation support the prosecution’s case. The materials collected during investigation prima facie pointed out towards the active and concerted involvement of the applicants in the alleged commission of offence. 10. Considering the manner in which the assault was made, and the specific role attributed to each of the applicants indicate a prima facie case of a deliberate and violent attack, the grievous injuries suffered by the complainant’s husband, the involvement of applicants in commission of alleged offence, and the fact that even 5 months old child was not spared from the violence, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7 11. Accordingly, the bail application of applicants - Bhagwan Das Yadav, Lalu Prasad, Ramanuj Yadav, Rameshwar Yadav and Birendra Kumar, involved in Crime No. 19/2025 registered at Police Station Raghunath Nagar, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 191(2), 191(3), 190, 296, 351(2), 115, 109 of Bharatiya Nyaya Sanhita (BNS), is rejected. 12. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 13. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Akhil