PURNO YADAV vs STATE OF CHHATTISGARH

Court
Chhattisgarh High Court

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CGHC010328192026 2026:CGHC:38844
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8135 of 2026
Purno Yadav S/o Munu Yadav Aged About 65 Years R/o Tiklipara, Police
Station - Tumla, Tahsil - Farsabahar, District Jashpur Chhattisgarh
... Applicant
versus
State Of Chhattisgarh Through The Station House Officer, Police Station
Tumla, District – Jashpur, Chhattisgarh.
---- Non-applicant
For Applicant : Mr. Shivendu Pandya, Advocate.
RAJSHEKHAR
SONI
For Non-applicant/State : Mr. Saumya Rai, Dy. Govt. Advocate.
Digitally signed
by
RAJSHEKHAR
SONI
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
02.09.2026
The applicant has preferred this First Bail Application under Section
1.
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of
regular bail, as he has been arrested in connection with Crime No.
32/2026, registered at Police Station – Tumla, District – Jashpur (C.G.)
for the offence punishable under Sections 109, 296, 126(2) and 3(5) of
the BNS.
2. The case of the prosecution, is that on 10/06/2026, the complainant
namely Gureshwar Yadav lodged the written report in the Police
Station concerned alleging that on 10/06/2026 when the
complainant/injured Gureshwar Yadav was going onwards to Village -
Kolenjhariya and he reached near the house of Sanju Chouhan, then
present applicant along with other co-accused persons come in the
incident place & stopped the complainant/injured Gureshwar Yadav

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and used the filthy language as well abused him, thereafter, the one
co-accused namely Amit Yadav assaulted the injured by way of stick
(Danda) and sustained multiple injuries to the injured. After this
incident, the complainant/injured Gureshwar Yadav have taken away
the Hospital by the other persons of presence on the spot. It is further
alleged that present accused/applicant assaulted the
complainant/injured Gureshwar Yadav by way of stick (Danda) and the
son & wife of the complainant/injured intervened in the incident and,
thereafter, the present accused/applicant along with other co-accused
persons has run away from the spot. After this incident, the
complainant has lodged the FIR against the applicant and co-accused.
Hence, this application.
It is argued by the learned counsel for the applicant that the applicant is
3.
innocent and has been falsely implicated in this case and the charge-
sheet has been filed in this case. It is further submitted that though it is
alleged that the applicant along with the co-accused is said to have
assaulted the injured with a wooden stick (Dand), but the role of the
said assault with wooden stick pertains to the co-accused namely Amit
Yadav, and the assault attributed to the present applicant is only
pertaining to hands and fist. The applicant is in jail since 11.06.2026
and trial is likely to take quite long time for its conclusion, therefore, he
prays for grant of bail.
4. On the other hand, the learned State counsel opposes the bail
application and submits that the charge-sheet has been filed in this
case. It is further submitted that the applicant along with the co-
accused is said to have assaulted the injured/complainant with a

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wooden stick, due to which he has sustained several severe injuries on
his person, therefore, he is not entitled for grant of bail.
I have heard learned counsel for the parties and perused all of the
5.
documents available on record.
6. Taking into consideration the facts and circumstances of the case,
nature and gravity of allegation levelled against the applicant and the
fact that though it is alleged that the applicant along with the co-
accused is said to have assaulted the injured with a wooden stick
(Dand), but the role of the said assault with wooden stick pertains to
the co-accused namely Amit Yadav, and the assault attributed to the
present applicant is only pertaining to hands and fist, the charge-sheet
has been filed in this case, the applicant is in jail since 11.06.2026 and
conclusion of the trial is likely to take some time, I am inclined to allow
this application.
Accordingly, the instant bail application is allowed.
7.
Let applicant – Purno Yadav , involved in Crime No. 32/2026,
8.
registered at Police Station – Tumla, District – Jashpur (C.G.) for the
offence punishable under Sections 109, 296, 126(2) and 3(5) of the
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

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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.
(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.
Office is directed to send a certified copy of this order to the trial Court
9.
concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Rajshekhar