1 2025:CGHC:17199 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1814 of 2025 Harsh Yadav @ Harshu S/o Chhagan Lal Yadav Aged About 19 Years R/o Ward No. 12, Near Jitu Cycle Store, Vijay Nagar, P.S. Mohan Nagar, Tehsil And District Durg, Chhattisgarh. --- Applicant versus State Of Chhattisgarh Through S H O Police Station Mohan Nagar, District Durg, Chhattisgarh. --- Non-Applicant MCRC No. 2095 of 2025 Sohamdas Manikpuri S/o Shivdas Manikpuri @ Raju Aged About 19 Years R/o Ward No. 12, Vijay Nagar Near Shakuntala School Durg P.S. Mohan Nagar Tehisl and District - Durg Chhattisgarh (As Per First Page Of Certified Copy) ---Applicant Versus State Of Chhattisgarh Through SHO Police Station Mohan Nagar District - Durg (C.G.) --- Non-Applicant For Applicants : Mr. Shikhar Bakhtiyar, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. PREETI KUMARI Digitally signed by PREETI KUMARI 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.04.2025 1. Proceedings of this matter have been taken through video-conferencing. 2. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 3. These are the first bail applications filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 563/2024 registered at Police Station- Mohan Nagar District - Durg, Chhattisgarh., for the offence punishable under Sections 296, 109(1), 3(5) of Bharatiya Nyaya Sanhita and under Sections 25 and 27 of Arms Act. 4. Case of the prosecution, in brief, is that on 04.11.2024, at approximately 08:35 PM, the complainant, Nikhil Agarwal, after having dinner, went for a walk from Shankar Nagar, Durga Chowk towards Buddha Vihar. While he was near Buddha Vihar, two unidentified individuals, riding a dark blue-colored new Activa scooter, approached him and initiated an argument without any provocation and during the altercation, the accused persons allegedly hurled abusive and obscene insults at the complainant. When the complainant objected, one of the accused persons attacked him with a knife, causing injuries to his stomach, chest, left thigh, left hand, neck, and right shoulder. Simultaneously, the second accused assaulted him with a bamboo stick, inflicting further injuries. Following the attack, both accused individuals fled the scene on their scooter. Subsequently, the complainant lodged a report at Police Station Mohan Nagar, upon which an FIR was registered against 3 unknown persons. During the course of investigation, the police identified and arrested the accused persons, completing the investigation and filing the charge sheet before the competent court. 5. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He further submits that the FIR has been registered against the unknown persons where in neither the description of the accused have been mentioned nor the registration number of the alleged blue Activa. He further submits that the Police authorities has not conducted the Test Identification Parade so as to ascertain the identity of the accused persons once they arrested. He further submits that the Doctor in the MLC has not stated the nature of injuries that were sustained by the complainant and that is also pertinent to mention that the complainant was admitted in the hospital only for 7 days. He further submits that the applicant Harsh Yadav @ Harshu has three previous criminal antecedents and the applicant Sohamdas Manikpur has no previous criminal antecedents. He further submits that applicant Harsh Yadav @ Harshu is in jail since 07.11.2024 and applicant Sohamdas Manikpur is in jail since 05.11.2024, further the charge-sheet has been filed. Hence, he prays for grant of bail. 6. Learned counsel for the State/non-applicant opposes the bail application and submits that the charge-sheet has been filed. Further, from a perusal of the record, it is evident that in the memorandum of the applicant/accused, it is evident that he and the co-accused together assaulted the injured with a bamboo stick and knife and in the evidence of independent witnesses also, the applicants/accused is shown to be involved in the incident. From a perusal of the record, the injuries sustained by the injured Nikhil Agarwal are of serious nature. Therefore, the applicants are not entitled to be released on bail. 4 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that from a perusal of the record, it is evident that in the memorandum of the applicant/accused, the applicants/accused assaulted the injured with a bamboo stick and knife, further also considering the fact that the injuries sustained by the injured Nikhil Agarwal are of serious nature, this Court is of the view that at this stage, I am not inclined to grant bail to the applicants. 9. Accordingly, the bail applications are rejected. Let the applicants – Harsh Yadav @ Harshu (MCRC No. 1814/2025) and Sohamdas Manikpuri (MCRC No. 2095/2025) involved in Crime No. 563/2024 registered at Police Station- Mohan Nagar District - Durg, Chhattisgarh., for the offence punishable under Sections 296, 109(1), 3(5) of Bharatiya Nyaya Sanhita and under Sections 25 and 27 of Arms Act , is rejected at this stage. 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11. 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 Preeti