Regular bail may be denied when the nature and gravity of the offence are serious, particularly in cases involving unlawful assembly and multiple fatalities, regardless of the duration of incarceration.

Order On Board

23/04/2026

1. The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail, as he has been arrested in connection with Crime No. 73/2024 registered at Police Station Pratappur, District Surajpur, Chhattisgarh, for the offences punishable under Sections 147, 148, 149, 294, 506, 323, 307 and 302 of Indian Penal Code (for short, ‘IPC’).

2. As per the prosecution case, on 28.02.2024 at about 12:00 PM, the applicant, along with other co-accused persons, on account of previous enmity, abused the complainant party in filthy language and assaulted them with sticks and a tangi (axe), causing grievous injuries to them. During the course of treatment, two injured persons, namely Roopnarayan and Harilal Yadav, succumbed to their injuries, while others sustained injuries. On a report being lodged to the aforesaid effect, the aforementioned offences have been registered against the applicant.

3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. He further submits that the name of the applicant has not been specifically mentioned in the FIR lodged by the complainant- Rameshwari Yadav and even in the statements of some witnesses recorded thereafter, the present applicant has not been named and has been wrongly implicated in this case. He also submits that the applicant is in jail since 04.03.2024, i.e., for more than two years, and that the conclusion of the trial is likely to take some time. Therefore, it is prayed that the applicant be granted regular bail.

4. On the other hand, learned counsel for the State opposes the bail application and submits that the report was lodged by the complainant- Rameshwari Yadav wherein three persons, namely, Nandu Pando, Sadharan Pando, Siyaram Pando, and others were named, who, due to previous enmity with Kaleshwar Yadav, abused him in filthy language and assaulted him. When her husband, Roopnarayan, along with Harilal Yadav and Deepnarayan, tried to intervene, they were also assaulted with an axe and clubs, as a result of which, her husband- Roopnarayan, and Harilal succumbed to their injuries during the course of treatment, whereas Kaleshwar and Deepnarayan sustained injuries. He further submits that after four days of the incident, during investigation, the memorandum statements of the applicant and other co-accused persons were recorded, pursuant to which, clubs and an axe were seized. He also submits that the bail application of a co-accused person has already been rejected by this Court. Therefore, it is prayed that the bail application filed by the applicant be dismissed.

5. I have heard learned counsel for the parties and perused the material available on record.

6. From the material available on record, it prima facie appears that the applicant, along with other co-accused persons, was a member of an unlawful assembly and participated in the alleged incident, which resulted in the death of two persons and injuries to others. The allegations against the applicant are serious in nature. Thus, considering the facts and circumstances of the case, the nature and gravity of the offence, and the role attributed to the applicant, this Court is not inclined to grant regular bail to the applicant.

7. Accordingly, the present bail application is rejected