Chhattisgarh High CourtCriminal Procedure and EvidenceCriminal Law

Amicable settlement and filing of charge-sheet justify bail despite the accused's criminal antecedents.

SUJAL MONGAREv.THE STATE OF CHHATTISGARH

Amicable settlement and filing of charge-sheet justify bail despite the accused's criminal antecedents.. SUJAL MONGARE vs THE STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
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In brief

The question

Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, given his criminal antecedents and the subsequent amicable settlement between the parties

The court held

The High Court allowed the bail application and ordered the release of Sujal Mongare

It also directed

The court held that the applicant is entitled to bail subject to furnishing a personal bond with two sureties and adhering to strict conditions, including: (i) no adjournments during evidence; (ii) mandatory presence at all trial dates; and (iii) strict compliance with procedural appearance under the BNS, failing which the trial court may treat the default as an abuse of liberty

01Facts

The applicant was arrested on December 10, 2025, following a written complaint by Yogesh Kumar Dewangan regarding an incident on November 20, 2025

¶ 2-3

It was alleged that the applicant and co-accused assaulted the complainant’s guests near Gautam Hotel with a rod and wooden stick (Balli) following a dispute over a previous altercation during Ganesh Puja

¶ 2

One victim, Surendra Navle, sustained injuries to his hand and head

¶ 2

Crime No. 363/2025 was registered at Police Station Dongargaon, and a charge-sheet was subsequently filed

¶ 2

The applicant sought regular bail, noting that cross-reports had been filed and the parties had reached an amicable settlement

¶ 3

02Issues

i.Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, given his criminal antecedents and the subsequent amicable settlement between the parties

¶ 1, 7

03Law Applied

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail

¶ 1

Sections 296 (Obscene acts), 115(2) (Voluntarily causing hurt), 191(2) (Rioting), 49, and 109 (Abetment) of the Bharatiya Nyaya Sanhita (BNS)

¶ 1

Section 269 BNS (Failure to appear), Section 209 BNS (False claim in court), and Section 351 BNSS (Recording of statement) as part of the mandatory bail conditions

¶ 9

Provisions in the judgment · 10 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483Section 84Section 351

Bharatiya Nyaya Sanhita, 2023 Section 296Section 115Section 191Section 49Section 109Section 269Section 209

04Reasoning

The court balanced the gravity of the allegations—specifically the assault with weapons—against the applicant’s period of detention since December 2025 and the filing of the charge-sheet

¶ 7

Although the State opposed bail citing four criminal antecedents of the applicant (under IPC, BNS, and the Arms Act), the court placed significant weight on the fact that the dispute arose from a cross-incident and had been "amicably settled" between the parties

¶ 3, 5, 7

The counsel for the objector (complainant) explicitly stated there was no objection to the bail grant, as the complainant's party had also been granted bail in the cross-FIR

¶ 5

The court concluded that since the investigation was complete and the trial would be prolonged, further detention was unnecessary

¶ 7

05Holding

The High Court allowed the bail application and ordered the release of Sujal Mongare

¶ 8-9

The court held that the applicant is entitled to bail subject to furnishing a personal bond with two sureties and adhering to strict conditions, including: (i) no adjournments during evidence; (ii) mandatory presence at all trial dates; and (iii) strict compliance with procedural appearance under the BNS, failing which the trial court may treat the default as an abuse of liberty

¶ 9
Chhattisgarh High Court

Original Court PDF

SUJAL MONGAREvsTHE STATE OF CHHATTISGARH

Chhattisgarh High Court · March 16, 2026

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