1 2025:CGHC:11229 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1816 of 2025 Kuldeep Chouhan S/o Vibhishan Chouhan Aged About 18 Years Caste- Cheek, R/o Village Kopa, Police Station Sanna, District Jashpur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer Of Police Station Sanna, District Jashpur, Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Sanjeev Kumar Sahu, Advocate. For Non-Applicant(s) : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.03.2025 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. 85/2023, registered at Police Station Sanna, District Jashpur (CG) for the offence punishable under Sections 294, 506 Part-2, 323, 307 and 34 of the Indian Penal AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Code (IPC). 2. The prosecution story in brief, is that on July 6, 2023, at 1:30 pm, Kuldeep Chauhan, the accused, allegedly committed a crime at Raju Chauhan's residence in Kopa village, Sanna Police Station, Jashpur district (Chhattisgarh). The complainant, Gopal Ram Chauhan, was subjected to obscene language and threats, causing intentional harm and attempted murder. The accused, along with co-accused Maneshwar Giri and Devnarayan Giri, allegedly assaulted the complainant with iron rods and sticks, causing injuries to the leg, head, and other body parts. The incident was reported by Gopal Ram Chauhan, and an FIR was registered as Crime No. 85/2023 at Sanna Police Station. Following an investigation, a charge sheet was submitted and applicant alongwith other co-accused persons were arrested. 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 applicant has never assaulted the complainant, but police officer arrested the applicant alongwith other co- accused persons on the basis of mere suspicion, the MLC was done, he was admitted in hospital and on the same day, he was discharged, further there is no opinion of doctor. He also submits that at the time of incident, complainant was at drunken state and doctor has advised him to examine for ct-scan and x-ray reort, but 3 no any report was submitted by the prosecution in the case. The applicant is in jail since 07.07.2023 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. He further submits that applicant alongwith other co-accused persons had assaulted the complainant with iron rods and sticks, due to which, complainant sustained grievous injuries i.e. blood loss and fracture on tibial head, on his person and the same is also opined by the doctor as dangerous to life, further the bail application of two of the co-accused persons, namely, Maneshwar Giri @ Chotu and Deonarayan Giri @ Kiral has already been granted regular bail by this Court vide order dated 07.11.2024 in MCRC No.6989/2024, 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 applicant and other co-accused persons were alleged to have assaulted the complainant with iron rods and sticks, due to which, complainant sustained grievous injuries i.e. blood loss and fracture on tibial head, on his person and the same is also 4 opined by the doctor as dangerous to life, further the bail application of two of the co-accused persons, namely, Maneshwar Giri @ Chotu and Deonarayan Giri @ Kiral has already been granted regular bail by this Court vide order dated 07.11.2024 in MCRC No.6989/2024 and the case of present applicant is identical to that of the co-accused persons, 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-Kuldeep Chouhan, involved in Crime No. 85/2023, registered at Police Station Sanna, District Jashpur (CG) for the offence punishable under Sections 294, 506 Part-2, 323, 307 and 34 of the Indian Penal Code (IPC), 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