SANT KUMAR JANGDE vs STATE OF CHHATTISGARH
- Court
- Chhattisgarh High Court
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CGHC010299642026 2026:CGHC:38341
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7968 of 2026
Sant Kumar Jangde S/o Mohit Ram Jangde Aged About 39 Years R/o
Village Parsadakhurd, Tehsil And P.S. Sakti, Distt. Sakti, Chhattisgarh.
... Applicant(s)
versus
State Of Chhattisgarh Through Station House Officer, P.S. Sakti, Distt.
Sakti, Chhattisgarh.
... Respondent(s)
Digitally
signed by
AKHILESH
KUMAR
DEWANGAN
AKHILESH
KUMAR
DEWANGAN
For Applicant(s) : Ms. Aparajita Shinde, Advocate.
For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
31/08/2026
1. This is the first bail application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for
grant of regular bail to the applicant who has been arrested in
connection with Crime No. 228/2026 registered at Police Station
Sakti, Distt. Sakti (C.G.) for the offence punishable under Sections
331(4), 296, 351(3), 115(1), 333 of BNS.
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Case of the prosecution, in brief, is that on 19.05.2026 at about
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1:30 a.m., when the complainant Anganbai and her husband
Darshram Jangad, aged about 70 and 72 years respectively, were
sleeping in their house, her husband went outside to urinate. At
that time, the applicant/accused allegedly assaulted him due to an
old dispute. On hearing her husband shouting, the complainant
woke up, whereupon the accused allegedly closed the door of the
house from outside. When she raised an alarm for help, the
accused entered the house carrying a wooden stick, abused her
in filthy language, threatened to kill her, and assaulted her by
pressing her neck and using the stick and his hands. On the basis
of the complainant's report, Crime No. 228/2026 has been
registered against the applicant/accused for offences punishable
under Sections 331(4), 296, 351(3), 115(2) and 333 of the
Bharatiya Nyaya Sanhita, 2023, and investigation is underway.
Hence, the bail application.
Learned counsel for the applicant submits that the applicant has
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not committed any offence and he has been falsely implicated in
offence in question. She further submits that a family dispute had
arisen between the applicant and the victims, as the victims were
allegedly accusing the applicant’s wife of having an immoral
character. Since the victims are the uncle and aunt of the
applicant, they harboured a grudge against him, due to which the
present false allegations have been levelled against the applicant.
She also submits that so far as the injury sustained by the injured
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is concerned, the injured sustained only simple injuries. The
applicant is in jail since 21.05.2026, the applicant has two criminal
antecedents of identical nature of the year 2026, charge-sheet
has been filed and the trial is likely to take some time for its
conclusion. Therefore, she prays for grant of bail to the applicant.
4. On the other hand, learned State Counsel opposes the bail
application and submits that the charge-sheet has been filed in
the present case. He further submits that the applicant assaulted
the complainant and her husband over an old dispute, abused
and threatened the complainant, and assaulted her by pressing
her neck and using a wooden stick. Furthermore, the applicant
has two criminal antecedents of identical nature of the year 2026,
therefore, the applicant is not entitled for grant of bail.
5. I have heard learned counsel appearing for the parties and
perused the case diary.
Taking into consideration the facts and circumstances of the case,
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nature and gravity of offence, period of detention of the applicant
since 21.05.2026, the fact that though the applicant assaulted the
complainant and her husband over an old dispute, abused and
threatened the complainant, and assaulted her by pressing her
neck and using a wooden stick, but considering the fact that the
injuries sustained by the injured is found to be simple in nature
also considering the criminal antecedents of the applicant, which
are two in number of identical nature and charge-sheet has been
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filed, this Court is of the view that the applicant is entitled to be
released on bail in this case.
Accordingly, the application is allowed.
7.
Let the Applicant- Sant Kumar Jangde, involved in Crime No.
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228/2026 registered at Police Station Sakti, Distt. Sakti (C.G.) for
the offence punishable under Sections 331(4), 296, 351(3),
115(1), 333 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 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.
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(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 for necessary information and compliance.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Akhil