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Chattisgarh High Court
Vijendra Pal vs State Of Chhattisgarh on 26 February, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:10043
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1991 of 2026
Vijendra Pal S/o Shobhnath Aged About 27 Years R/o Village- Jagiyani,
Chouki - Balangi, Police Station - Raghunathnagar, District- Balrampur-
Ramanujganj, (C.G.)
... Applicant
versus
State Of Chhattisgarh Through Chouki - Balangi, Police Station -
Raghunathnagar, District - Balrampur-Ramanujganj (C.G.)
---- Non-applicant
For Applicant : Mr. Akath Kumar Yadav, Advocate.
For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
26.02.2026
1.
The applicant has preferred this First Bail Application under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of
regular bail, as he has been arrested in connection with Crime No.
Digitally
RAJSHEKHAR signed by
SONI RAJSHEKHAR
SONI 33/2025, registered at Police Station - Raghunathnagar, District -
Balrampur-Ramanujganj (C.G.) for the offence punishable under
Sections 296, 351(2), 115(2) and 109(1) of the BNS.
2. The case of the prosecution, is that on 30.03.2025 the complainant
namely Ramsurat Pal has lodged written FIR before the Police Station
concerned stated the applicant has assaulted him with axe and abused
him, therefore, the Police Station concerned has registered the crime
against the applicant under Section 296, 351(2) and 115 of BNS and
after investigation the Police has added an offence under Section 296,
351(2), 115(2) and 109(2) of the BNS against the applicant.
3. It is argued by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in this case and the charge-
sheet has been filed in this case. It is submitted that the
complainant/victim entered the house of the applicant and committed
marpit with him, and the quarrel took place, and there are two injured
persons in the prosecution side out of which as per the MLC report,
one injured person has received grievous injuries on his head and
another injured has suffered simple injuries on his person. The
applicant is in jail since 31.05.2025 and trial is likely to take quite long
time for its conclusion, therefore, he prays for grant of bail.
4. On the other hand, the learned State counsel opposes the bail
application and submits that the charge-sheet has been filed in this
case. It is further submitted that the applicant is said to have assaulted
two injured persons with an axe due to which as per the MLC report,
one injured person has received grievous injuries on his head and
another injured has suffered simple injuries on his person, therefore, he
is not entitled for 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,
nature and gravity of allegation levelled against the applicant and the
fact that charge-sheet has been filed against the applicant, furthermore
the complainant/victim entered the house of the applicant and
committed marpit with him, and the quarrel took place, and there are
two injured persons in the prosecution side out of which as per the
MLC report, one injured person has received grievous injuries on his
head and another injured has suffered simple injuries on his person,
the applicant is in jail since 31.05.2025 and conclusion of the trial is
likely to take some time, I am inclined to allow this application.
7. Let applicant, Vijendra Pal, involved in Crime No. 33/2025, registered
at Police Station - Raghunathnagar, District - Balrampur-Ramanujganj
(C.G.) for the offence punishable under Sections 296, 351(2), 115(2)
and 109(1) of the 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 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 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 sufficient 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.
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
Rajshekhar
