INDRA KUMAR YADAV @ DAMU vs STATE OF CHHATTISGARH

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CGHC010325512026 2026:CGHC:38879
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No.8191 of 2026
Indra Kumar Yadav @ Damu S/o Kartik Ram Aged About 29 Years
R/o Bhatgaon Thana Sarsiva, District Sarangarh, (CG) Present
Address Anand Nagar Thana Kusmunda, District Korba C. G.
... Applicant
versus
State Of Chhattisgarh Through- Police Station Bankimongra,
District Korba C. G. ... Non-applicant
_____________________________________________________
For Applicant :Mr. Vikas Kumar Pandey, Advocate.
For Non-applicant/State :Mr. Shubham Bajpai, PL.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
02.09.2026
st
1. The Applicant has preferred this 1 Bail Application under
SISTLA
NEELIMA
VISHNU
PRIYA
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
for grant of regular bail, as he has been arrested in
Digitally signed by
SISTLA NEELIMA
VISHNU PRIYA
Date: 2026.09.02
17:36:26 +0530

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connection with Crime No.144/2026 registered at Police
Station – Bankimongra, District Korba (C.G.), for the offences
under Sections 296, 351(3), 118(1), 238 and 3(5) of BNS.
2. As per the case of the prosecution, complainant Ramesh
Singh Binjhawar lodged the FIR on 15.07.2026 stating that on
13.07.2026, at about 5:00 p.m., while he and his companion
Shubham Kumhar had gone to the Balgi liquor shop after
work, a dispute arose with two unknown persons over sitting
at a table in the snack shop. When the complainant and
Shubham came out of the shop, the said persons allegedly
abused them, threatened them with dire consequences and
assaulted them with fists and blows. It is alleged that one of
them assaulted the complainant with a sharp object
resembling a radium blade, causing injuries to his left cheek
and right side of the neck, while Shubham was allegedly
thrown to the ground and assaulted, resulting in injuries to his
left eye, chest and waist. The complainant also sustained an
injury on his right temple. During investigation, the
involvement of the present Applicant and co-accused
Divyanshu Mishra was found and accordingly, they were
arrested on 29.07.2026 and sent to judicial custody.
Accordingly, the offences as mentioned above were
registered against the Applicant. Hence this application.

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3. Learned Counsel for the Applicant submits that the Applicant
is innocent and has been falsely implicated in the present
case. He submits that the Applicant is aged about 26 years
and is in custody since 29.07.2026 and is a labourer by
occupation. It is further submitted that the FIR was lodged
after a delay of two days and that the Applicant did not
assault the complainant, who sustained the injury by falling
down while being under the influence of liquor. He further
submits that the offences punishable under Sections 296,
351(3) and 238 of the BNS are bailable, while only the
offence under Section 118(1) of the BNS is non-bailable, the
case is triable by the Court of Judicial Magistrate First Class
and that the Applicant has two previous criminal cases
registered at the same police station, on account of which he
is being unnecessarily harassed by the police and the trial is
likely to take considerable time, therefore, he may be
released on bail.
4.
On the other hand, learned State Counsel opposes the bail
application and submits that the Applicant has two previous
criminal antecedents, out of which one has already been
disposed of and the other is pending.
5. I have heard learned counsel for the parties and perused the
case diary.

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6. Considering the submissions advanced by learned Counsel
for the parties, the material available in the case diary, the
nature of allegations and the fact that the Applicant is in
custody since 29.07.2026, the injuries sustained by the
complainant are simple in nature, the offence is triable by the
Court of Judicial Magistrate First Class and the trial is likely to
take considerable time, without further commenting anything
on the merits of the case, this Court is of the considered
opinion that it is a fit case to allow the application.
Accordingly, the bail application is allowed.
7. Let Applicant- Indra Kumar Yadav @ Damu involved in
Crime No.144/2026 registered at Police Station –
Bankimongra, District Korba (C.G.), for the offences under
Sections 296, 351(3), 118(1), 238 and 3(5) of BNS be
released on bail on his furnishing a personal bond with two
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/she 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/her

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counsel. In case of his/her absence,
without sufficient cause, the trial court may
proceed against him/her 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/her 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/her, 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/her
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
Priya