ROHIT KORI @ BALLA vs STATE OF CHHATTISGARH

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CGHC010402922026
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 9794 of 2026
Rohit Kori @ Balla Son Of Nanka Kori, Aged About 28 Years Resident
Of Nootan Chowk, Sarkanda, Police Station - Sarkanda, District
Bilaspur, C.G.
... Applicant(s)
versus
State Of Chhattisgarh Through Station House Officer, Police Station
Sarkanda, District - Bilaspur C.G.

.. Non-Applicant(s)
For Applicant : Mr. Kunwar Lal Sahu, Advocate.
For Non-Applicant/State : Mr. Dharmesh Shrivastava, Dy. Adv. Gen.
Hon'ble Mr. Rakesh Mohan Pandey, Judge
Order on Board
04/11/2026
This is the first bail application filed by the applicant under Section
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483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of
regular bail, as he has been arrested in connection with Crime No.
969 of 2026 registered at Police Station Sarkanda, District
Bilaspur (C.G.), for the offences punishable under Sections 281,
296, 125(A), 115(2), 351(3), 191(2), 191(3), 331(2) and 109 of the

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Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the
Arms Act.
The case of the prosecution, in brief, is that on 26.06.2026, the
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complainant Nikhil Dhruv was standing on the terrace of his
house, while his friends Aditya Mahant and Ravi Gandharv were
standing near the house of Dilip Patil at Apollo Chowk. At that
time, a small commercial vehicle (Chhota Hathi), coming from the
direction of Chingrajpara, was allegedly driven rashly and
negligently by its driver, who hit Aditya Mahant and Ravi
Gandharv. Thereafter, the occupants of the vehicle, namely,
Bandya and Bauwa, started abusing them over an old dispute.
Subsequently, Aman Naidu also arrived there in a car and the
accused persons, in furtherance of their common intention,
assaulted Aditya Mahant and Ravi Gandharv with fibre sticks and
wooden sticks, while also threatening to kill them, thereby causing
injuries to them. On the basis of the written complaint lodged by
the complainant, the police registered the aforesaid crime against
the accused persons and during investigation, arrested the
present applicant and other co-accused persons for involvement
in the said crime.
3. Learned counsel for the applicant would submit that the applicant
is innocent and has been falsely implicated in the present case.
He would further submit that the offending vehicle was being
driven by another co-accused and there is no specific allegation

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against the present applicant that he assaulted the injured
persons. He would also submit that the applicant has not inflicted
any injury upon the injured persons and the injuries sustained by
the injured, namely, Aditya Mahant and Ravi Gandharv, are not of
such nature as may cause death in the ordinary course of nature,
therefore, the offence under Section 109 of the BNS is not made
out against the applicant. It is further submitted that the name of
the applicant does not find place in the written complaint or the
FIR. He would also submit that the applicant is suffering from
mental illness and was undergoing treatment at Mental Hospital,
Sendri, District Bilaspur. The applicant is in jail since 02.07.2026
and the charge-sheet has already been filed before the competent
Court. It is further contended that the trial is likely to take some
time to conclude. Thus, he prays for grant of bail to the applicant.
On the other hand, learned State counsel would oppose the
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prayer for grant of bail and submit that the present applicant,
along with the co-accused persons, in furtherance of their
common intention, assaulted the injured persons, namely, Aditya
Mahant and Ravi Gandharv. He would further submit that, as per
the case diary, one red brick weighing approximately 2.5
kilograms has been seized from the possession of the present
applicant and the injuries sustained by the injured persons are
reported to be serious in nature. Therefore, the bail application
deserves to be dismissed.

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I have heard learned counsel for the parties and perused the case
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diary and material available on record.
Having considered the facts and circumstances of the case,
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nature and gravity of offence alleged against the applicant and
particularly considering the fact that the applicant has not been
named in the written complaint or the FIR, there is no specific
allegation that the present applicant was driving the offending
vehicle or had assaulted the injured persons, charge-sheet has
already been filed before the competent Court and the applicant is
in jail since 02.07.2026 and the trial is likely to take some time to
conclude, this Court is of the considered opinion that the applicant
deserves to be enlarged on bail.
Accordingly, the bail application of the applicant is allowed . It is
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directed that in the event of the applicant executing a personal
bond for a sum of Rs.50,000/- with one surety in the like sum to
the satisfaction of the concerned trial Court, he shall be released
on bail on the following conditions:-
(i) he shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade him from disclosing such fact to the Court;
(ii) he shall not act in any manner which will be
prejudicial to fair and expeditious trial, &
(iii) he shall appear before the trial Court on each

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and every date given to him by the said Court till
disposal of the trial.
- S/- Sd/-
(Rakesh Mohan Pandey)
Judge
Kunal