1 2025:CGHC:986 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 25 of 2025 Gajendra Sagarvanshi S/o Ramkhilawan Sagarvanshi Aged About 24 Years R/o. Village Amlidih, Police Station Saja, District Bemetara (C.G.) ... Applicant versus The State of Chhattisgarh Through The Station House OfÏcer, Police Station Saja, District Bemetara, (C.G.) ... Non-Applicant For Applicant : Mr. Amit Kumar Sahu, Advocate. For Non-Applicant : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 258/2024, registered at Police Station Saja, District Bemetara, (C.G.) for the offence punishable under Section 109 of Bhartiya Nyay Sanhita and Section 25 of Arms Act. 2. The prosecution story in brief, is that Makhan Singh Rajput, the father of the victim, filed a report stating that on September 18, 2024, between 3:00-3:30 pm, villagers informed him that the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.08 11:14:44 +0530 2 applicant had committed an offence against his son. Upon arriving at the scene, Makhan Singh found that Churendra and Rakesh had already admitted the victim to the hospital. Based on this report, the police registered a crime under Section 109 of the Bharatiya Nyaya Sanhita (BNS) against the applicant and arrested him. During the investigation, an offence under Section 25 of the Arms Act was added. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that only memorandum of the applicant has been recorded but nothing has been seized from his possession, the knife was recovered from other person. He further submits that the injury of the victim on backside of his body, which is simple in nature and further there is no intention, preplan to cause his death. He further submits that the applicant is in jail since 19.09.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the present applicant has assaulted the injured with a knife, targeting his vital part of the body. As a result, the injuries sustained to the injured are grievous in nature, and as per the opinion of the doctor the injuries were found to be dangerous to life, therefore, he is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the present applicant has assaulted the injured with a knife, targeting his vital part of the body, as a result, the injuries sustained to the injured are grievous in nature, and as per the opinion of the doctor and query report, the injuries were found to be dangerous to life, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail, accordingly, the bail application of applicant – Gajendra Sagarvanshi, involved in Crime No. 258/2024, registered at Police Station Saja, District Bemetara, (C.G.) for the offence punishable under Section 109 of Bhartiya Nyay Sanhita and Section 25 of Arms Act, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan