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Chattisgarh High Court
Durjan @ Surjan Ram vs State Of Chhattisgarh on 18 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:13012
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1686 of 2026
Durjan @ Surjan Ram S/o Late Budhu Aged About 28 Years Caste Aghariya,
R/o Village Karampur, P.S. Vishrampur, Distt. Surajpur, Chhattisgarh.
... Applicant
versus
State of Chhattisgarh Through Station House Officer, P.S. Vishrampur, Distt.
Surajpur, Chhattisgarh.
... Non-applicant
For Applicant : Mr. Kulesh Kumar Sahu, Advocate.
For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer.
Digitally signed
by ABHISHEK
ABHISHEK SHRIVAS
SHRIVAS Date:
2026.03.19
Hon'ble Shri Ramesh Sinha, Chief Justice
15:04:01 +0530
Order on Board
18.03.2026
1.
This is the First bail application filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant
who has been arrested in connection with Crime No. 181/2025 registered
at Police Station : Vishrampur, District - Surajpur (C.G.) for the offence
punishable under Sections 296, 117(2), 109, 3(5) of the Bhartiya Nyaya
Sanhita, 2023.
2. As per the prosecution story, a written complaint was lodged by the
complainant, namely Munnalal, against Pavan Uraon and another,
alleging that on 27.07.2025 at around 07:30 AM, while the complainant
was working as a guard in SECL, some persons were cutting trees in the
nursery. When he asked them not to cut the trees, a quarrel ensued
between them. It is alleged that the applicant assaulted the complainant
with a bamboo stick on his head, as a result of which he sustained
injuries. The MLC was conducted by the Medical Officer at CHC
Vishrampur, wherein one lacerated wound was found on the right
temporal region of the head and one contusion was present on the left
side of the chest. No definite opinion was given by the doctor, and the
complainant was referred for a CT scan. An FIR was thereafter lodged
under Sections 296, 117(2), 109, and 3(5) of the BNS, and the applicant
was arrested.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is contended that
there is no evidence to disclose any intention or motive on the part of the
applicant to commit murder. The applicant neither used any weapon nor
acted with premeditation, rather, the incident arose out of a sudden
quarrel between the parties which escalated into a fight. It is further
submitted that the complainant did not sustain any grievous or life-
threatening injuries, and that the present case has been falsely and
maliciously registered only to exert pressure upon the applicant. As per
the MLC conducted by the Medical Officer, no injury has been found to
be fatal in nature, and the complainant was not hospitalized for a
prolonged period. Learned counsel further submits that the role attributed
to the present applicant is limited, as he merely accompanied the co-
accused, namely Pawan Lakda, who allegedly assaulted the injured with
a bamboo stick on the head, resulting in the injuries sustained. As per the
MLC, only one lacerated wound was found on the right temporal region
of the head and one contusion on the left side of the chest, with no
internal injuries reported. It is also submitted that the applicant has no
criminal antecedents and has been in judicial custody since 29.12.2025.
Considering that the conclusion of the trial is likely to take considerable
time, it is prayed that this Court may kindly grant regular bail to the
applicant.
4. On the other hand, learned State counsel opposes the bail application of
the present applicant and submits that the charge-sheet has already
been filed before the competent Court in the present case. She further
submits that the present applicant, along with other co-accused persons,
assaulted the injured with a bamboo stick on his head and back, as a
result of which he sustained grievous injuries. Therefore, it is contended
that the applicant is not entitled to the grant of regular bail in the present
case.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts and circumstances of the case, the nature and
gravity of the offence, and the role attributed to the applicant is that he
merely accompanied the co-accused, Pawan Lakda, who allegedly
assaulted the injured with a bamboo stick on the head and as per the
MLC, the injured sustained only one lacerated wound on the right
temporal region of the head and one contusion on the left side of the
chest, with no internal injuries reported. Further, the applicant has no
criminal antecedents, the charge-sheet has already been filed before the
competent Court, and the applicant has been in custody since
29.12.2025. Considering that the trial is likely to take some time to
conclude, this Court is of the opinion that the applicant is entitled to be
released on bail.
7. Accordingly, the bail application is allowed.
8. Let applicant, Durjan @ Surjan Ram, involved in Crime No. 181/2025
registered at Police Station : Vishrampur, District - Surajpur (C.G.) for
the offence punishable under Sections 296, 117(2), 109, 3(5) of the
Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a
personal bond with two sureties in the like amount 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.
9. Office is directed to send a certified copy of this order to the trial Court
concerned forthwith for necessary information and compliance.
Sd/-
(Ramesh Sinha)
Chief Justice
Abhishek
