Chattisgarh High Court
Ramashankar Turi vs State Of Chhattisgarh on 25 March, 2026
1
2026:CGHC:14221
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2793 of 2026
Ramashankar Turi S/o Samay Lal Turi Aged About 29 Years R/o Satya
Nagar, Bhaiyathan Ward No. 20, P.S. Bhaiyathan, District Surajpur,
Chhattisgarh.
... Applicant
versus
State Of Chhattisgarh Through Station House Officer, P.S.
Sheorinarayan, District Janjgir-Champa, Chhattisgarh.
... Respondent(s)
For Applicant : Mr. V.R. Tiwari, Sr. Advocate along with Atul Kumar Kesharwani, Advocate For Respondent(s) : Mr. Jitendra Shrivastava, G.A. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 25/03/2026
1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has 2 been arrested on 02.06.2025 in connection with Crime No. 208/2025, registered at Police Station- Sheorinarayan, District- Janjgir-Champa (C.G.) for the offence punishable under Section 191(2), 191(3), 109(1), 103(1), 103(2), 61(2) of BNS, 2023.
2. The prosecution story, in brief, is that the complainant Kishore Kumar Kurre came to the police station and lodged FIR alleging that the present applicant had come to Village- Bilari two days ago with his wife and children. On 02.06.2025, at around 9:00 a.m. the complainant was standing outside his house. At the same time, complainant's elder son came with his two sons Rajesh and Rakesh, wife Kanti alias Sushila and Rajesh's friend Ramshankar and started telling him to get the land partitioned. At the same time a dispute pertaining to the land arose between them. Meanwhile, applicant's wife Kanti alias Sushila started to abuse the complainant and thereafter she started hitting with her hand and fist. Naresh Kurre, the grandson of the complainant came to intervene, thereafter Rakesh took a dagger like weapon kept in the car and Rajesh took a knife and Sushila alias Kanti came running with a stick in their hand and attacked Naresh Kurre, grandson of the complainant, in the neck, head and body which caused serious injuries. During the fight, Ramshankar and the present applicant were allegedly saying that do not spare anyone, kill everyone. Seeing the fight, Naresh's wife Rani Kurre who was 8 months pregnant, tried to intervene and was also hit by 3 Ramshankar with his hand and Sushila with a stick in the stomach.
3. Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the alleged commission of offence, because the applicant has not played any part in the aforesaid criminal case. The offences are not proved. The applicant is the driver and had nothing to do with the affairs of family of co-accused persons. The dispute arose out of a sudden family land dispute.
4. Learned State Counsel raised objection to the contentions of the counsel for the applicant.
5. I have heard learned counsel for the parties and perused the case diary.
6. Taking into consideration the facts and circumstances of the case, particularly the fact that there was no active participation of the present applicant in the marpit and he was working as driver under the co-accused persons. The applicant has no criminal antecedents, also, the dispute arose out of a sudden family land dispute, there is no seizure or recovery from the possession of the present applicant, and the counter case has also been registered by the police and there are simple injuries found on the body of the applicant, further the conclusion of the trial may take some more time, therefore, looking to the entire facts and circumstances 4 of the case, particularly, the role of the present applicant, this Court is of the view that the applicant is not the main accused and is entitled to be released on bail in this case.
7. Let the applicant- Ramashankar Turi, involved in Crime No. 208/2025 registered at Police Station- Sheorinarayana, District- Janjgir-Champa (C.G.), for the offence punishable under Section 191(2), 191(3), 109(1) and 103(1) of BNS, 2023 be released on bail on his furnishing a bail bond of Rs. 10,000/- with one surety 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 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 sufficient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023
(iii) In case, the applicant misuses the liberty of 5 bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant 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 Bhartiya Nyaya Sanhita, 2023.
(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 BNSS.
If in the opinion of the trial court absence of the applicants 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 for necessary information and compliance forthwith.
Sd/-
(Arvind Kumar Verma) JUDGE Madhurima