Nafr High Court
Case Details
1 2025:CGHC:49161 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7727 of 2025 Neetam Baghel S/o Firantaram Baghel Aged About 34 Years R/o Ward No. 07, Jawahar- Para, Balod, P.S.- And District- Balod, C.G. (Fathers Name Of Applicant Was Not Mention On The Cause Title Of Order Impugned As The Cause Title Was Of S.T. No. 45/2025 And It Was Taken-Up From Challan) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN versus ... Applicant(s) State Of Chhattisgarh Through- P.S.- Balod, District Balod (C.G.) ... Respondent(s) For Applicant(s) :
Legal Reasoning
Mr. Hemant Gupta, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/09/2025 1. This is 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 applicant who has been arrested in connection with Crime No. 141/2025 registered at Police Station Balod, District Balod (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 119(1), 119(2), r/w Section 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 21.03. 2025, around 5:00 P.M., the victim was sitting near the Kharakhra canal bridge. At that 2 time, the accused, Neetam, and co-accused, Bhupat, arrived on a motorcycle and took the victim with them, claiming they had work. On the way, both accused demanded money from the victim to buy liquor. When the victim said he didn't have money, the accused abused him with filthy language. When the victim objected to the abuse, the accused threatened to kill him. Neetam hit the victim with a stick, while Bhupat assaulted him with his fists, causing him injuries. Upon receiving information about the incident, a case was registered at Balod Police Station, and during the investigation, the accused were arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the identically situated co-accused, Bhupat Hatile has already been granted regular bail by this Court vide order dated 09.07.2025 in MCRC No.5285 of 2025. He also submits that the applicant caused injury to the injured on non-vital parts of the body i.e. on right index finger. The applicant is in jail since 23.03.2025, the applicant has one criminal antecedent registered at Crime No.156/2021 under the IPC, which is pending, 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 applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that applicant alongwith another co-accused abused the complainant with filthy language and physically assaulted him on his refusal of money to buy liquor, resulting which, injured sustained injuries i.e. fracture on his index finger and as per Medical 5. 6. 7. 8. 3 OfÏcer's report the injuries are grievous in nature, therefore, the applicant is not entitled for grant of bail. I have heard learned counsel appearing for the parties and perused the case diary. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 23.03.2025, the fact that though the applicant alongwith another co- accused allegedly abused the injured with filthy language and physically assaulted the injured on non vital part of the body, resulting which, injured sustained injuries i.e. fracture on his index finger, but considering the fact that the applicant has only one criminal antecedent under the IPC, which is pending against him and co- accused, Bhupat Hatile has already been granted regular bail by this Court vide order dated 09.07.2025 in MCRC No.5285 of 2025, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. Accordingly, the application is allowed. Let the Applicant-Neetam Baghel , involved in Crime No. 141/2025 registered at Police Station Balod, District Balod (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 119(1), 119(2), r/w Section 3(5) of BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he 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 4 trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant 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 applicant 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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil