Citation : 2026 Latest Caselaw 151 Chatt
Judgement Date : 27 February, 2026
1
2026:CGHC:10312
KUNAL
DEWANGAN NAFR
Digitally
signed by
HIGH COURT OF CHHATTISGARH AT BILASPUR
KUNAL
DEWANGAN
MCRC No. 2024 of 2026
1.
Raja Uikey S/o Shri Anjor Singh Uikey Aged About 28 Years R/o Nilja, Adiwasipara, Thana Kharora, Distt. Raipur, Chhattisgarh.
2. Ranjit S/o Shri Anjor Singh Uikey Aged About 21 Years R/o Nilja, Adiwasipara, Thana Kharora, Distt. Raipur, Chhattisgarh.
3. Rama Singh S/o Shri Khetu Singh Mandavi Aged About 21 Years R/o Nilja, Adiwasipara, Thana Kharora, Distt. Raipur, Chhattisgarh.
4. Omkar S/o Shri Subren Mandavi Aged About 35 Years R/o Nilja, Adiwasipara, Thana Kharora, Distt. Raipur, Chhattisgarh.
... Applicants versus State of Chhattisgarh Through P.S. Kharora, Distt. Raipur, Chhattisgarh.
... Non-applicant
For Applicants : Mr. Krishna Kumar Khatri, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board 27.02.2026
1. The applicants have preferred this First Bail Application under Section
483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular
bail, as he has been arrested in connection with Crime No. 770/2025,
registered at Aarakshi Kendra : Kharora, Raipur, District Raipur (C.G.)
for the offence punishable under Sections 333, 296, 351(3), 115(2),
117(2) and 191(2) of the Bhartiya Nyaya Sanhita, 2023.
2. The brief prosecution story is that after conducting investigation against
the accused, the prosecution found a prima facie case of assault made
out against him. Accordingly, Police Station Kharora, District Raipur
(C.G.), registered Crime No. 770/2025 against the applicant/accused for
the offences punishable under Sections 333, 296, 351(3), 115(2), 117(2),
and 191(2) of the Bharatiya Nyaya Sanhita (BNS). After registration of
the case, the police collected evidence and continued the investigation
against the applicants. They were arrested and produced before the
Court of the learned Judicial Magistrate First Class (JMFC), Raipur,
District Raipur (C.G.). The matter is triable by the Court of learned JMFC,
Tilda.
3. Learned counsel for the applicants submits that the present applicants
are innocent persons who have been falsely implicated in the present
case. He further submits that the injuries sustained by the injured are
simple in nature. It is also submitted that only applicant No. 2 has one
criminal antecedent under the IPC of the year 2013, whereas the other
applicants have no criminal antecedents. The applicants have been in
custody since 05.11.2025, and the conclusion of the trial is likely to take
some time. Therefore, he prays for the grant of regular bail to the
applicants.
4. On the other hand learned State counsel opposes the bail application of
the present applicants and submits that the charge-sheet has been
submitted before the competent Court in the present case.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the case's facts and circumstances, the nature and gravity of
the offense, and further the fact that injury received by the injured person
found to be simple in nature and further, the charge-sheet has already
been submitted before the competent Court in the present case and the
applicants are in jail since 05.11.2025, conclusion of the trial is likely to
take sometime, therefore, I am of the opinion that the applicants are
entitled to be released on bail in this case.
7. Let the applicants - Raja Uikey, Ranjit, Rama Singh and Omkar ,
involved in Crime No. 770/2025, registered at Aarakshi Kendra :
Kharora, Raipur, District Raipur (C.G.) for the offence punishable under
Sections 333, 296, 351(3), 115(2), 117(2) and 191(2) of the Bhartiya
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 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 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.
- Sd/-
(Ramesh Sinha)
Chief Justice
Kunal
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