Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:12308
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1934 of 2025 Amit Yadav @ Bathava S/o Shri Gannu Yadav, Aged About (Not Mention In
Order Copy Dated 27/02/2024) 30 years, R/o B.S.U.P. Colony Jarya P.S.- Kabir Nagar, District - Raipur (C.G.)
... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station- Gudiyari, District - Raipur (C.G.)
... Respondent/State For Applicant : Mr. Mahesh Kumar Mishra, Advocate For Respondent/State : Mr. HAPS Bhatia, Panel Lawyer
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order On Board 12/03/2025
1. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 197/2021, registered at Police Station – Gudiyari, District- Raipur (C.G.) for offence punishable under Sections 294, 506, 323, 307, 34 of the IPC. 2. As per prosecution story, on 22.08.2021 complainant Sonu Dhivar who is a brother of injured Santosh Dhivar lodged a report in concerned Police Station alleging that on the date of incident at about 11:15 night, near Murrabhatti Bihari Stores, the applicant along with another co- accused Vijay Soni @ Balli abused and threatened for life his brother Santosh and assaulted him with a sharp object due to which his brother sustained injuries on his stomach and right hand. Based on this, Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.03.12 15:20:02 +0530
2 offence has been registered against the applicant and the co-accused under the aforesaid Sections. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the crime in question. He would further submit that though knife has been seized from the possession of the applicant but, no FSL report has been brought on record. He further submits that Co-accused Vijay Soni has already been granted bail by this Court vide order dated 13.09.2023 passed in MCRC No.5991/2023. He lastly submits that the Appellant is in jail since 24.07.2023 and out of 18 prosecution witnesses only 10 have been examined till date and the trial may likely to take some time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that the main allegation is upon the present applicant and also a knife has been seized from his possession, therefore, he may not be enlarged on bail. 5. I have heard learned Counsel appearing for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, evidence collected by the prosecution, particularly considering that co-accused Vijay Soni has already been granted bail by this Court vide order dated 13.09.2023 passed in MCRC No.5991/2023. The applicant is in jail since 24.07.2023 and 8 prosecution witnesses remain to be examined.
The trial may likely to take some time to be finalized, therefore, in view of above, without further commenting on other merits of the case, at this stage, I am inclined to release the applicant on bail. 7. Accordingly, the bail application is Allowed. 8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham