1 2025:CGHC:12684 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2079 of 2025 Suraj Vaishnav @ Vikram Vaishnav S/o Shri Om Prakash Vaishnav Aged About 24 Years R/o Infront Of Durga Mandir, Lohiya Nagar Balodabazar, P.S- City Kotwali Balodabazar District- Balodabazar- Bhatapara (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer- P.S- City Kotwali Balodabazar, District – Balodabazar-Bhatapara (C.G.) …. Non-applicant For Applicant : Mr. Rahul Agrawal, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 17.03.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No. 789/2024 registered at Police Station – City Kotwali Balodabazar, District – Balodabazar- Bhatapara (C.G.) for the offence punishable under Section 109 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 25 and 27 of the Arms Act. 2. Case of the prosecution, in brief, is that on 02.11.2024, the complainant was in his house when one Girvar Vaishav called him and told him that his younger brother Nirmal Prajapati and applicant RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 are arguing with each other in the street near Durga Temple, you should reach there immediately then the complainant immediately reached the spot where he saw applicant was stabbing his brother in the stomach, thigh will intention to kill him, saying that he would kill him, he tried to intervene, then the younger brother fell down in a bloody state, meanwhile applicant took advantage of the opportunity and ran away from there, the complainant took his younger brother to the District Hospital for treatment. Therefore, the report of the complainant, a crime was registered against the applicant. Hence, this application. 3. Learned counsel appearing for the applicants submits that the applicants are innocent and has been falsely implicated in the present case. It is further submitted that the complainant and the injured of the case have turned hostile. It is submitted that the applicants are in jail since 02.11.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel, opposes the bail application and submits that the applicant is said to have assaulted the injured on his stomach and thigh, due to which he sustained injuries and as per the medical reports, the injuries are grievous in nature. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that though the complainant and the injured of the case have turned hostile, but the applicant is said to have 3 assaulted the injured on his stomach and thigh, due to which he sustained injuries and as per the medical reports, the injuries are grievous in nature, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, this bail application of applicant – Suraj Vaishnav @ Vikram Vaishnav involved in Crime No. 789/2024 registered at Police Station – City Kotwali Balodabazar, District – Balodabazar- Bhatapara (C.G.) for the offence punishable under Section 109 of the BNS and Sections 25 and 27 of the Arms Act, is rejected at this stage. 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 Rajshekhar