SUJAL MONGARE vs THE STATE OF CHHATTISGARH
- Court
- Chhattisgarh High Court
- Case type
- MISC. CRIMINAL CASE
- Decided on
- 16-03-2026
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2026:CGHC:12474
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2449 of 2026
Sujal Mongare S/o Late Shri Vikkey Kumar Mongre Aged About 18
Years R/o. New Bus Stand, Indira Awas Dongargaon, Police Station
And Tahsil- Dongargaon, Distrct- Rajnandgaon (C.G.)
... Applicant(s)
versus
The State Of Chhattisgarh Through The Station House Officer, P.S.-
Dongargaon, Distt.- Rajnandgaon (C.G.)
... Respondent(s)
For Applicant(s) : Mr. Rajendra Patel, Advocate.
For Respondent(s) : Ms. Palak Dwivedi, P.L.
For Objector(s) : Mr. P.R. Patankar, Advocate.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
16/03/2026
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. 363/2025 registered at Police Station
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Dongargaon, Distt.- Rajnandgaon (C.G.) for the offence
punishable under Sections 296, 115(2), 191(2), 49, 109 of
Bharatiya Nyaya Sanhita (for short ‘BNS’).
Case of the prosecution, in brief, is that on 21.11.2025 at about
2.
17:53 hours, a written complaint was lodged by Yogesh Kumar
Dewangan stating that on 20.11.2025 at around 8:30 P.M., the
present applicant along with other co-accused persons assaulted
his guests near Gautam Hotel with a rod and a wooden stick
(Balli). It is alleged that the guests had gone there to have betel
(pan), and during that time the complainant questioned Bhanu
Yadav regarding an earlier incident where his son had slapped
him during Ganesh Puja. Upon this, Rahul Yadav and other
accused persons became enraged and assaulted the guests,
causing injuries. It is further alleged that Surendra Navle
sustained injuries on his left hand and head, while other injured
persons also suffered grievous injuries. On the basis of the said
complaint, the aforesaid offences were registered against the
applicant and after completion of investigation, the charge-sheet
has been filed. Hence, the bail application.
Learned counsel for the applicant submits that the applicant has
3.
not committed any offence and they have been falsely implicated
in offence in question. He further submits that cross-reports in
respect of the same incident have been lodged by both the
parties, and the dispute between them has already been amicably
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settled. The applicant is in jail since 10.12.2025, the applicant has
four criminal antecedents, out of which, two are of the year 2024
under the IPC and two are of the year 2025 under the BNS and
Arms Act, which are pending, further the charge-sheet has been
filed and the trial is likely to take some time for its conclusion.
Therefore, counsel for the applicant prays for grant of bail to the
applicant.
4. Learned State Counsel opposes the bail application and submits
that the charge-sheet has been filed in the present case. She
further submits that allegedly the present applicant in collusion
with other co-accused persons assaulted the guests of the
complainant near Gautam Hotel with a rod and a wooden stick
(Balli), due to which the injured, namely, Surendra Navle
sustained injuries. Furthermore, the applicant has four criminal
antecedents, out of which, two are of the year 2024 under the IPC
and two are of the year 2025 under the BNS and Arms Act.
Therefore, the applicant is not entitled for grant of bail.
Learned counsel for the objector submits that he has no objection,
5.
if the present applicant is granted bail. He further submits that the
complainant party has already been granted bail in the FIR lodged
from the side of the present applicant against them.
I have heard learned counsel appearing for the parties and
6.
perused the case diary.
7. 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 10.12.2025, the fact that though the applicant allegedly in
collusion with other co-accused persons assaulted the
complainant and others with a rod and a wooden stick (Balli) and
is having four criminal antecedents, out of which, two are of the
year 2024 under the IPC and two are of the year 2025 under the
BNS and Arms Act, which are pending, but considering the fact
that the parties have amicably settled their dispute and the
charge-sheet has been filed, as such, this Court is of the view that
the applicant is entitled to be released on bail in this case.
8. Accordingly, the application is allowed.
9. Let the Applicant- Sujal Mongare, involved in Crime No. 363/2025
registered at Police Station Dongargaon, Distt.- Rajnandgaon
(C.G.) for the offence punishable under Sections 296, 115(2),
191(2), 49, 109 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
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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
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Court for necessary information and compliance.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Akhil