SUMIT DINKAR @ SONU @ SOMU vs STATE OF CHHATTISGARH

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CGHC010336682026 2026:CGHC:38903
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8101 of 2026
Sumit Dinkar @ Sonu @ Somu S/o Gorelal Dinkar Aged About 23 Years
R/o Village- Sukulkari, P.S. Pachpedi District- Bilaspur Chhattisgarh,
... Applicant(s)
versus
State Of Chhattisgarh Through- Station House Officer, Police Station
Masturi, (Chowki Malhar) District- Bilaspur (C.G.)
Digitally
signed by
AKHILESH
KUMAR
DEWANGAN
... Respondent(s)
AKHILESH
KUMAR
DEWANGAN
For Applicant(s) : Mr. Pradeep Kumar Jogi, Advocate.
For Respondent(s) : Ms. Sameeksha Gupta, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
02/09/2026
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. 315/2025 registered at Police Station
Masturi, (Chowki Malhar) District- Bilaspur (C.G.) for the offence
punishable under Sections 296, 351(2), 115(2), 119(1), 3(5) of

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BNS.
Case of the prosecution, in brief, is that on the date of the
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incident, a dispute arose between the parties regarding the
subject amount and consumption of liquor, pursuant to which the
accused persons allegedly assaulted the victim with hands, legs
and a belt and abused him in filthy language, resulting in injuries
to him. On the basis of the complaint lodged by the complainant,
an offence under Sections 296, 351(2), 115(2), 3(5) and 119(1) of
the BNS was registered against unknown persons. During
investigation, the present applicant was arrested on the basis of
the memorandum statement and was subsequently arrested in
connection with the aforesaid crime.
3. Learned counsel for the applicant submits that the applicant has
not committed any offence and he has been falsely implicated in
offence in question. He further submits that three of the identically
situated co-accused persons namely, Surya Tandon, Nirbhay
Madhukar and Pratyush Banjare have already been granted bail
by this Court vide orders dated 24.07.2025 and 10.03.2026 in
MCRC Nos.4628 of 2025, 4925 of 2025 and 2196 of 2026. The
applicant is in jail since 31.03.2026, the applicant has only one
criminal antecedent of the year 2026 under the BNS, which is
pending, charge-sheet has been filed and the trial is likely to take
some time for its conclusion. Therefore, he prays for grant of bail
to the applicant.

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On the other hand, learned State Counsel opposes the bail
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application and submits that the charge-sheet has been filed in
the present case. She further submits that the applicant pursuant
to a dispute between the parties regarding the subject amount
and consumption of liquor assaulted the victim along with the co-
accused persons with hands, legs and a belt and abused him in
filthy language, causing injuries to the victim, further the applicant
is having one criminal antecedent of the year 2026 under the
BNS, but could not dispute the fact that three of the co-accused
persons have already been granted bail by this Court.
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 31.03.2026, the fact that though the applicant pursuant to a
dispute between the parties regarding the subject amount and
consumption of liquor assaulted the victim along with the co-
accused persons with hands, legs and a belt and abused him in
filthy language, causing injuries to the victim, but considering the
fact that the injuries sustained by the injured is found to be simple
in nature and three of the co-accused persons namely, Surya
Tandon, Nirbhay Madhukar and Pratyush Banjare have already
been granted bail by this Court vide orders dated 24.07.2025 and
10.03.2026 in MCRC Nos.4628 of 2025, 4925 of 2025 and 2196

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of 2026, also considering the criminal antecedent of the applicant,
which is one in number of the year 2026 under the BNS and
charge-sheet has been filed, this Court is of the view that the
applicant is entitled to be released on bail in this case.
7. Accordingly, the application is allowed.
Let the Applicant- Sumit Dinkar @ Sonu @ Somu, involved in
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Crime No. 315/2025 registered at Police Station Masturi, (Chowki
Malhar) District- Bilaspur (C.G.) for the offence punishable under
Sections 296, 351(2), 115(2), 119(1), 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 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

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court shall initiate proceedings against him, 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 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