Nafr High Court
Case Details
1 2025:CGHC:49438 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6398 of 2025 1 - Dilharan Verma Aged About 26 Years R/o Village- Khapridih, Police Station - Gidhori, District - Balodabazaar- Bhatapara (C.G.) 2 - Keval Prasad Kewat S/o Firat Ram Kewat Aged About 45 Years R/o Village- Khapridih, Police Station - Gidhori, District - Balodabazaar- Bhatapara (C.G.) 3 - Yashwant Patel S/o Mahesh Patel Aged About 29 Years R/o Village- Khapridih, Police Station - Gidhori, District - Balodabazaar- Bhatapara (C.G.) 4 - Digvijay Singh Vaishnav S/o Bharat Das Aged About 33 Years R/o Village- Khapridih, Police Station - Gidhori, District - Balodabazaar- Bhatapara (C.G.) --- Applicants versus State of Chhattisgarh Through Police Station Gidhori, District - Balodabazaar- Bhatapara (C.G.) --- Non-Applicant Along with MCRC No. 7662 of 2025 Gaya Patel @ Ajay S/o Shivlal Patel, Aged About 43 Years R/o Village - Khapridih, Police Station - Gidhori, District - Balodabazaar- Bhatapara (C.G.) --- Applicant Versus State of Chhattisgarh Through Police Station Gidhori, District - Balodabazaar- Bhatapara (C.G.) --- Non-Applicant RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 For Applicants
Legal Reasoning
: Mr. Sanjay Agrawal, Advocate. For Non-Applicant/State : Ms. Viashali Mahiong, Panel Lawyer. For Objector : Mr. Varun Sharma, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice 26.09.2025 Order on Board 1. Since the above-mentioned two first bail applications arise out of same incident, same crime number and registered at same police station, they are clubbed and heard together and are being
Decision
disposed of by this common order. 2. The applicants have preferred these 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. 136/2025, registered at Police Station : Gidhori, District - Balodabazaar- Bhatapara, (C.G.) for the offence punishable under Sections 115(2), 127(2), 296, 351(3) and 3(5) of the Bhartiya Nyaya Sanhita, and further added Section 191(2)(3), 109, 191(1), 191(2), 191(3) of the Bhartiya Nyaya Sanhita, 2023. 3. The prosecution case, in brief, is that on 12.06.2025 at around 10:30 AM, the complainant went on his Hero Honda motorcycle from his house to Anand Agrawal’s crusher at village Khapridih to inquire about gravel. While returning at around 11:00 AM and upon reaching Gudichowk, he was stopped by Yashwant Patel and Kewal Kewat, who accused him of being an informer for the mining department. They forcibly took him to Gudichowk, where they abused and threatened him. Thereafter, Kewal Kewat assaulted 3 the complainant with a belt, Yashwant Patel struck him with a bamboo stick, and subsequently, Gaya Patel arrived and attacked him with an iron rod. As a result of the assault, the complainant sustained injuries on his forehead, back, arms, and thighs. Based on these allegations, a criminal case was registered against the applicants. 4. Learned counsels for the applicants submits that the applicants are innocent persons and have been falsely implicated in the aforesaid case and have not committed any offence, a false report has been lodged against the applicants. He further submits that they have assaulted the injured with a belt, bamboo stick, fists and hands, who has sustained injuries which is non vital part of the body. He further submits that the injured person was received injuries simple in nature nor any in a grievous nature. He further submits that the applicants are in jail since 16.06.2025, the applicant, namely, Gaya Patel has 10 criminal antecedents and all the cases are disposed of and rest of the applicants have no criminal antecedent, the 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. 5. On the other hand, learned State Counsel appearing for the non- applicant/State as well as learned counsel for the objector opposes the bail application and submits that the charge-sheet has been filed in the present case. They further submits that the applicants have assaulted the injured with a belt, bamboo stick and an iron rod, who has sustained injuries on his forehead, back, arms, and thighs, the 4 injuries were found to be grievous in nature. They also submits that the applicant, namely, Gaya Patel has 10 criminal antecedents, therefore, the applicants are not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants since 16.06.2025, the fact that all the applicants assaulted the injured with a belt, bamboo stick and an iron rod, who has sustained injuries on his forehead, back, arms, and thighs, which is non vital part of the body, the injured person was received injuries simple in nature nor any in a grievous nature, further the applicant, namely, Gaya Patel has 10 criminal antecedents and all the cases are disposed of and rest of the applicants 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. 8. Let the Applicants – Dilharan Verma, Keval Prasad Kewat, Yashwant Patel, Digvijay Singh Vaishnav and Gaya Patel @ Ajay, involved in Crime No. 136/2025, registered at Police Station : Gidhori, District - Balodabazaar- Bhatapara, (C.G.) for the offence punishable under Sections 115(2), 127(2), 296, 351(3) and 3(5) of the Bhartiya Nyaya Sanhita, and further added Section 191(2)(3), 109, 191(1), 191(2), 191(3) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties 5 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 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 6 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. 9. 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