2026:CGHC:1294 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 131 of 2026 Parmanand Sahu S/o Chandrika Sahu Aged About 22 Years R/o Ward No. 13, Near Sai Mandir Village, Dhanora, Police Station Padmanabhpur, KUNAL DEWANGAN District- Durg (C.G.)

Digitally signed by KUNAL ... Applicant(s)

DEWANGAN versus State Of Chhattisgarh Through- Station House Officer, Police Station Padmanabhpur District- Durg (C.G.)

... Non-applicant(s)

For Applicant(s) : Ms. Aditi Singhvi, Advocate For Non-applicant/State(s) : Mr. Priyank Rathi, Government Advocate.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

08.01.2026

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 367/2025 registered at Police Station Padmanabhpur, District- Durg (C.G.), for the offence punishable under Sections 296, 115(2), 351(3), 109, 3(5) of Bhartiya Nyaya Sanhita, 2023.

2. Case of the prosecution, in brief, is that the allegation against the accused persons is that the applicant along with other accused persons were assaulting Akash Sagarwanshi on the night of

19.10.2025. When the complainant, Poshan Sahu intervened the accused persons hit him also. The co-accused Ravi Baghel stabbed the injured Prem Yadav with a knife. It is alleged that the applicant along with the other co-accused persons had assaulted the injured persons with hand and fists and the co-accused Ravi Bhagat had assaulted with knife. Based upon such, FIR has been registered against the applicant along with co-accused.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the specific allegation against the co-accused, Ravi Bhagat, is that he inflicted a stab injury on the abdomen of the injured with a knife, whereas the allegation against the present applicant is limited only to assault by hands and fists. It is further submitted that due to the said incident, the injured sustained injuries, out of which one injured has been received grievous injury but not dangerous to life. The applicant has been in judicial custody since 20.10.2025 and the charge-sheet has already been filed before the competent Court. It is also submitted that no recovery or seizure has been effected from the present applicant. As the conclusion of the trial is likely to take considerable time, learned counsel prays that the applicant may kindly be enlarged on bail.

4. Learned State counsel opposes the bail application and submits that as per the prosecution case, the present applicant actively participated in the incident by assaulting the injured persons with hands and fists, while one of the co-accused used a knife and caused stab injuries. Though the applicant did not use a deadly weapon, his role in the assault is clearly established. Considering the nature of the incident, the collective participation of the accused persons, and the seriousness of the allegations, he prays that the present applicant is not entitled for grant of bail.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, the nature of allegations levelled against the present applicant and the material available on record, it appears that the specific allegation against the applicant is limited to assault by hands and fists only, whereas the serious allegation of causing stab injury with a knife is attributed to the co-accused. It also appears that no deadly weapon has been recovered from the present applicant. The applicant has been in judicial custody for a considerable period, the charge-sheet has already been filed and the trial is likely to take time for its conclusion thus, without commenting on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail.

7. Accordingly, the bail applica