1 2025:CGHC:10506 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1728 of 2025 Agardas S/o Late Punudas Sahu Aged About 51 Years Caste Teli R/o Village Bhathagaon Police Chowki Chikhli Tehsil And District - Rajnandgaon (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through District Magistrate Rajnandgaon (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Rakesh Kumar Thakur, Advocate. For Non-Applicant(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.03.2025 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. 732/2024, registered at Police Station Chowki – Chikhli, P.S. Kotwali, District - Rajnandgaon (C.G.) for the offence punishable under Sections 296 and 109(1) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story in brief, is that Yogesh Sahu, the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 complainant, filed a report at Chikhli Police sSation on 28.11.2024. He alleged that his father, Dayaram, was attacked by Agardas Sahu with an axe, resulting in serious injuries, including a deep gash on his right cheek and ear. The incident occurred when Dayaram went to Telhakahar to show Agardas a tree that needed to be cut down. An argument ensued over payment for labor, leading to the violent assault. Thereafter, aforesaid offence has been registered against the applicant. Hence the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that the injuries received by the injured, Dayaram is simple in nature and there is no medical opinion indicating whether the said injury is life-threatening or not, further doctor has written in his statement that the injury is caused by hard and blunt object, whereas axe is a sharp edged object. The applicant is in jail since 28.11.2024 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, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the injured, Dayaram, was attacked by present applicant with an axe, resulting in grievous injuries i.e. deep gash on his right cheek and ear, due to which, injured had to undergo surgery, and 3 the doctor has also opined that the injury is dangerous to life, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the injured, Dayaram, was attacked by present applicant with an axe, resulting in grievous injuries i.e. deep gash on his right cheek and ear, due to which, injured had to undergo surgery, and the said injury is opined by the doctor as dangerous to life, as such, without expressing any opinion on the merits of the case, 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-Agardas, involved inCrime No. 732/2024, registered at Police Station Chowki – Chikhli, P.S. Kotwali, District - Rajnandgaon (C.G.) for the offence punishable under Sections 296 and 109(1) of BNS, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. Office 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 Akhil