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Chattisgarh High Court
Pradeep Kahar vs State Of Chhattisgarh on 17 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12761
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1526 of 2026
Pradeep Kahar S/o Santram Kahar Aged About 24 Years R/o Chakki Mohalla
Lakhanwada Police Station Amarwada District- Chhindwada, Madhya Pradesh
... Applicant
versus
State of Chhattisgarh Through Office -In Charge, Police Station Simga, District-
Balodabazar-Bhatapara (C.G.)
... Non-applicant
For Applicant : Mr. Aman Tamboli, Advocate.
For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Digitally
signed by
PREETI Order on Board
PREETI KUMARI
KUMARI Date:
2026.03.18
12:44:44
+0530
17.03.2026
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. 596/2025,
registered at Police Station - Simga, District- Balodabazar-Bhatapara
(C.G.) for the offence punishable under Sections 109, 61(2)(A) and 3(5)
of Bharatiya Nyaya Sanhita, 2023.
2. As per the prosecution story, on 25.10.2025, the Head Constable
received a medico-legal intimation from the hospital informing the police
that Umashankar Nishad had been assaulted by unknown persons with a
sharp-edged weapon, allegedly with the intention to commit his murder.
During the course of investigation, the brother of the injured, namely Sunil
Kumar Kumbhkar, stated that he had received a call from the wife of the
injured, i.e., the present applicant, informing him that one Anuj Sahu, who
was well acquainted with her, was present at the New Bus Stand and
required Rs. 200/-. Thereupon, the said information was conveyed to the
injured, who proceeded to the New Bus Stand, where he was assaulted
by the said Anuj Sahu with a sharp-edged weapon. It is further alleged
that, during investigation, the memorandum statement of the co-accused
was recorded, wherein she stated that her marriage with the injured had
been solemnized about nine months earlier as per caste customs, and
that she had been in contact with Anuj Sahu for about two years and had
met him on several occasions. She further stated that, since her husband
allegedly restricted her movements, she, along with Anuj Sahu, conspired
to eliminate him. On the basis of the said allegations, it is further alleged
that on 25.10.2025, the applicant sent her husband to meet Anuj Sahu on
the pretext of arranging Rs. 200/-, pursuant to which the injured was
assaulted by the said Anuj Sahu. Although the primary allegation is
against the said Anuj Sahu, the present applicant has been arrested by
implicating her in the said offence. Hence, this application for grant of bail.
3. It is argued by learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the present case. It is further
submitted that, as per the X-ray report, the allegation against the
applicant is that he assaulted the injured with a knife, resulting in a
fracture of the left hand metacarpal bone. Learned counsel further
submits that the charge-sheet has already been filed, and the applicant
has been in judicial custody since 28.10.2025. Considering that the trial is
likely to take a considerable period for its conclusion, it is prayed that this
Court may kindly be pleased to grant bail to the applicant.
4. On the other hand, learned State counsel opposed the bail application
and submitted that the charge-sheet has already been filed in the present
case. She further submitted that the applicant assaulted the injured with a
knife, resulting in a fracture of the left hand metacarpal bone. It is also
submitted that, considering the nature and gravity of the offence, the
applicant is not entitled to be released on bail, despite having no previous
criminal antecedents.
5. I have heard learned counsel for the parties and perused the
documents available on record.
6. Considering the submissions made by learned counsel for the parties,
and the material available on record, particularly taking into account the
nature of allegations, the fact that as per X-Ray report, the injury
sustained by the injured is a fracture of the left hand metacarpal bone, the
applicnat has no previous criminal antecedents, the charge-sheet having
already been filed, and the applicant being in judicial custody since
28.10.2025, and further considering that the trial is likely to take
considerable time for its conclusionand, this Court is of the view that the
applican is entitled to be released on bail in this case.
7. Accordingly, the bail application is allowed. Let the applicant -
Pradeep Kahar, involved inCrime No. 596/2025, registered at Police
Station - Simga, District- Balodabazar-Bhatapara (C.G.) for the offence
punishable under Sections 109, 61(2)(A) and 3(5) of Bharatiya Nyaya
Sanhita, 2023, be released on bail on his furnishing a personal bond with
two local 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
Preeti
