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Chattisgarh High Court
Ramashankar Turi vs State Of Chhattisgarh on 25 March, 2026
1
2026:CGHC:14221
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2793 of 2026
Ramashankar Turi S/o Samay Lal Turi Aged About 29 Years R/o Satya
Nagar, Bhaiyathan Ward No. 20, P.S. Bhaiyathan, District Surajpur,
Chhattisgarh.
... Applicant
versus
State Of Chhattisgarh Through Station House Officer, P.S.
Sheorinarayan, District Janjgir-Champa, Chhattisgarh.
... Respondent(s)
For Applicant : Mr. V.R. Tiwari, Sr. Advocate along with Atul
Kumar Kesharwani, Advocate
For Respondent(s) : Mr. Jitendra Shrivastava, G.A.
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board
25/03/2026
1. This is the first bail application filed under Section 483 of the
BNSS, 2023 for grant of regular bail to the applicant who has
been arrested on 02.06.2025 in connection with Crime No.
208/2025, registered at Police Station- Sheorinarayan, District-
Janjgir-Champa (C.G.) for the offence punishable under Section
191(2), 191(3), 109(1), 103(1), 103(2), 61(2) of BNS, 2023.
2. The prosecution story, in brief, is that the complainant Kishore
Kumar Kurre came to the police station and lodged FIR alleging
that the present applicant had come to Village- Bilari two days ago
with his wife and children. On 02.06.2025, at around 9:00 a.m. the
complainant was standing outside his house. At the same time,
complainant's elder son came with his two sons Rajesh and
Rakesh, wife Kanti alias Sushila and Rajesh's friend Ramshankar
and started telling him to get the land partitioned. At the same time
a dispute pertaining to the land arose between them. Meanwhile,
applicant's wife Kanti alias Sushila started to abuse the
complainant and thereafter she started hitting with her hand and
fist. Naresh Kurre, the grandson of the complainant came to
intervene, thereafter Rakesh took a dagger like weapon kept in
the car and Rajesh took a knife and Sushila alias Kanti came
running with a stick in their hand and attacked Naresh Kurre,
grandson of the complainant, in the neck, head and body which
caused serious injuries. During the fight, Ramshankar and the
present applicant were allegedly saying that do not spare anyone,
kill everyone. Seeing the fight, Naresh's wife Rani Kurre who was
8 months pregnant, tried to intervene and was also hit by
Ramshankar with his hand and Sushila with a stick in the
stomach.
3. Learned counsel for the applicant contended that the applicant is
innocent and has been falsely implicated in the alleged
commission of offence, because the applicant has not played any
part in the aforesaid criminal case. The offences are not proved.
The applicant is the driver and had nothing to do with the affairs of
family of co-accused persons. The dispute arose out of a sudden
family land dispute.
4. Learned State Counsel raised objection to the contentions of the
counsel for the applicant.
5. I have heard learned counsel for the parties and perused the case
diary.
6. Taking into consideration the facts and circumstances of the case,
particularly the fact that there was no active participation of the
present applicant in the marpit and he was working as driver
under the co-accused persons. The applicant has no criminal
antecedents, also, the dispute arose out of a sudden family land
dispute, there is no seizure or recovery from the possession of the
present applicant, and the counter case has also been registered
by the police and there are simple injuries found on the body of
the applicant, further the conclusion of the trial may take some
more time, therefore, looking to the entire facts and circumstances
of the case, particularly, the role of the present applicant, this
Court is of the view that the applicant is not the main accused and
is entitled to be released on bail in this case.
7. Let the applicant- Ramashankar Turi, involved in Crime No.
208/2025 registered at Police Station- Sheorinarayana, District-
Janjgir-Champa (C.G.), for the offence punishable under Section
191(2), 191(3), 109(1) and 103(1) of BNS, 2023 be released on
bail on his furnishing a bail bond of Rs. 10,000/- with one surety
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 them under Section 269 of
Bhartiya Nyay Sanhita, 2023
(iii) In case, the applicant misuses the liberty of
bail during trial and in order to secure their
presence, proclamation under Section 84 of
BNSS, is issued and the applicant 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 Bhartiya Nyaya
Sanhita, 2023.
(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 BNSS.
If in the opinion of the trial court absence of the
applicants 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 them in accordance with law.
8. Office is directed to send a certified copy of this order to the trial
Court for necessary information and compliance forthwith.
Sd/-
(Arvind Kumar Verma)
JUDGE
Madhurima
