Village Bhilai Bazar, Thana Hardi Bazar, District Korba C.G v. State Of Chhattisgarh Through P.S
Case Details
1 2025:CGHC:49165 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7298 of 2025 1. Somwar Singh Dev S/o Kanhaiyalal Aged About 56 Years R/o Village Bhilai Bazar, Thana Hardi Bazar, District Korba C.G. 2. Prithvi Singh Dev S/o Somwar Singh Dev Aged About 19 Years R/o Village Bhilai Bazar, Thana Hardi Bazar, District Korba C.G. ... Applicants versus State Of Chhattisgarh Through P.S.- Hardi Bazar, Distt- Korba C.G. ... Non-Applicant For Applicants
Legal Reasoning
: Mr. Vikas Kumar Pandey, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.25 17:05:47 +0530 Hon'ble Shri Ramesh Sinha , Chief Justice 25.09 .202 5 Order on Board 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 145/2025, registered at Police Station – Hardi Bazar District - Korba (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 109(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 17.08.2025, the 2 complainant, namely Rajendra Prajapati, who is the brother of the victim, Roshan Prajapati, lodged an FIR against the present applicant and other co-accused persons. It was alleged that while his brother was sitting in front of his house, the applicant (applicant No. 1) came there, started abusing him, and used filthy language. In response, the complainant’s brother also used abusive language. Thereafter, the applicant and his family members assaulted the complainant’s brother with hands, fists, and a stick, causing injuries to his hand and leg. Subsequently, the police registered an FIR against the present applicant and other co-accused persons and arrested them. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He further submits that there is a cross-report of the incident, and a cross-case has been lodged by the applicants against the complainant party and the injured for offences punishable under Sections 296, 115(2), 351(3), and 3(5) of the Bharatiya Nyaya Sanhita (BNS). It is stated that applicant Nos. 1 and 2 are father and son, respectively, and that applicant No. 2 assaulted the injured with an iron rod, resulting in injuries to non-vital parts of the body, including the elbow, forearm, and leg. It is also stated that there was a fracture in the leg. It is further submitted that the mother of applicant No. 1 and grandmother of applicant No. 2 passed away on 25.08.2025, and this fact has been noted in the bail rejection order. He also submits that applicant No. 1 has two previous criminal
Decision
antecedents, both of which have been disposed of, and applicant 3 No. 2 has no previous criminal antecedents. The applicants have been in custody since 23.08.2025. Considering that the trial is likely to take a considerable amount of time to conclude, counsel prays for the grant of bail to the applicants. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has not been filed in the present case. She further submits that applicant No. 2 assaulted the injured with an iron rod, resulting in injuries to non-vital parts of the body, including the elbow, forearm, and leg and there was a fracture in the leg. Hence, they are not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicants, and the fact that there is a cross-report of the incident, and a cross-case has been lodged by the applicants against the complainant/injured for offences punishable under Sections 296, 115(2), 351(3), and 3(5) of the Bharatiya Nyaya Sanhita (BNS), further applicant Nos. 1 and 2 are father and son, respectively, and that applicant No. 2 assaulted the injured with an iron rod, resulting in injuries to non-vital parts of the body, including the elbow, forearm, and leg and there was a fracture in the leg, also considering the fact that the mother of applicant No. 1 and grandmother of applicant No. 2 passed away on 25.08.2025, and this fact has been noted in the bail rejection order, further, applicant No. 1 has two previous criminal antecedents, both of which have been disposed of, 4 and applicant No. 2 has no previous criminal antecedents, the applicants have been in custody since 23.08.2025, this Court is of the view that the applicants are entitled to be granted regular bail in this case. 7. Accordingly, the bail application is allowed. Let applicant Nos. 1 and 2 - Somwar Singh Dev and Prithvi Singh Dev, respectively involved in Crime No. 145/2025, registered at Police Station – Hardi Bazar District - Korba (C.G.) for the offence punishable under Sections 296, 115(2), 351(3), 109(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing a 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 sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail 5 during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants 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 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 applicant is deliberate or without sufficient 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Preeti Sd/- (Ramesh Sinha) Chief Justice