KHUSHAL NONHARE ALIAS SINNI v. STATE OF CHHATTISGARH
MCRC/1847/2025 · 2025-03-06
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11949 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11949 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:11214
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1847 of 2025 Khushal Nonhare Alias Sinni S/o Rajesh Nonhare Aged About 25 Years R/o College Road, Dallirajhara, Police Station Dallirajhara, District Balod (C.G.)
... Applicant versus State of Chhattisgarh Through P.S.- Police Station Dallirajhara, District Balod (C.G.)
... Non-applicant For Applicant : Ms. Sweksha Sharma, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.03.2025
1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 92/2024 registered at Police Station – Dallirajhara, Balod (C.G.), for the offences punishable under Sections 323, 294, 326, 324, 506 (B) of the Indian Penal Code. 2. According to the prosecution's case, on March 31, 2024, the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.07 20:16:48 +0530
2 complainant, M. Abhishek Rao, visited the police station and filed a report. In the report, he stated that between 3:00-4:00 PM, while he was at home having dinner, the accused called him near Maharashtra Mandal Bhavan and verbally abused him, accusing him of having an affair with someone else. The accused then physically attacked the complainant with a weapon, causing injuries below the waist and on the upper right thigh. Based on this report, a case was registered, and the applicant was arrested on December 16, 2024, by the Dallirajhara Police Station, District Balod (C.G.), for the alleged offense punishable under Sections 323, 294, 326, 324, and 506(B) of the Indian Penal Code. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. She submits that the complainant himself has not supported the case of the prosecution and has stated that the applicant did not cause any injury to him. She also submits that though the applicant has 10 criminal antecedents under the Arms Act, IPC and Gambling Act in which only 01 case is pending. She further submits that the applicant is in jail since 16.12.2024and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4.
On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the applicant stabbed the injured person with a knife in the abdominal region, resulting in grievous injuries. He further submits that the applicant has 10 criminal antecedents of different nature, shows that the applicant is a habitual offender. Therefore, he is not entitled for
3 grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary and further the fact that the applicant stabbed the injured person with a knife in the abdominal region, resulting in grievous injuries. Further, the applicant has 10 criminal antecedents of different nature, shows that the applicant is a habitual offender. Therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the first bail application of the applicant – Khushal Nonhare Alias Sinni, involved in Crime No. 92/2024 registered at Police Station – Dallirajhara, Balod (C.G.), for the offences punishable under Sections 323, 294, 326, 324, 506 (B) of the Indian Penal Code, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice Abhishek