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Chattisgarh High Court
Jagnandan Yadav vs State Of Chhattisgarh on 17 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12672
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2474 of 2026
Jagnandan Yadav S/o Sarju Yadav Aged About 26 Years R/o Poskat Chouki-
Pandrapath, Police Station - Bagicha, District- Jashpur,(C.G.)
... Applicant
versus
State Of Chhattisgarh Through, Police Station - Bagicha, District - Jashpur,
(C.G.)
---- Non-applicant
For Applicant : Mr. Navneet Kumar Yadav, Advocate.
For Non-applicant/State : Mr. Smriti Shrivastava, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
17.03.2026
1.
The applicant has preferred this First Bail Application under Section
Digitally
RAJSHEKHAR signed by 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of
SONI RAJSHEKHAR
SONI
regular bail, as he has been arrested in connection with Crime No.
02/2026, registered at Police Station - Bagicha, District - Jashpur
(C.G.) for the offence punishable under Sections 296, 351(2), 115,
126(2), 117(3)(1) and 3(5) of the BNS.
2. The case of the prosecution, is that the complainant namely Basant
Das lodged a written FIR at Police Station concerned alleging that
main accused Lallu Raj @ Ajay Yadav assaulted the complainant by
fists and wooden stick and abused him in filthy language, it is alleged
that the applicant has stopped his vehicle of the complainant and also
abused him, except the said allegation of stopping the vehicle and
verbal abuser, no specific overt act causing grievous injury has been
attributed to the applicant. On the basis of the said report, the Police
has registered the crime against the applicant and other co-accused
person. Hence, this application.
3. It is argued by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in this case. It is further
submitted that though the applicant along with the co-accused is said
to have assaulted the injured/complainant with wooden stick, but it is
the co-accused Lallu Raj @ Ajay Yadav who has assaulted the injured
with wooden stick, and so far as the assaulted made by the present
applicant is concerned, it only pertains to be committed by hands and
fists. The applicant is in jail since 07.01.2026 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 applicant along with the co-accused is
said to have assaulted the injured with a wooden stick by abusing him
in a filthy language, due to which the injured has lost his one eye,
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 though the applicant along with the co-accused is said to have
assaulted the injured/complainant with wooden stick, but it is the co-
accused Lallu Raj @ Ajay Yadav who has assaulted the injured with
wooden stick, and so far as the assaulted made by the present
applicant is concerned, it only pertains to be committed by hands and
fists, and the case of the applicant is distinguishable from the case of
the co-accused who has made the assault to the injured with wooden
stick, the applicant is in jail since 07.01.2026 and conclusion of the trial
is likely to take some time, I am inclined to allow this application.
7. Let applicant, Jagnandan Yadav, involved in Crime No. 02/2026,
registered at Police Station - Bagicha, District - Jashpur (C.G.) for the
offence punishable under Sections 296, 351(2), 115, 126(2), 117(3)(1)
and 3(5) 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
