Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:28274
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2863 of 2025 Nawal Singh Gond S/o Mannu Singh Gond Aged About 21 Years R/o Village Singhiya Thana Katghora District Korba Chhattisgarh Present Address Jyoti Nagar, Dipka, Thana Dipka, District Korba Chhattisgarh.
... Applicant versus State Of Chhattisgarh Through Police Station Dipka, District Korba Chhattisgarh.
... Non-applicant For Applicant : Mr. Vikash Kumar Pandey, Advocate. For Respondent/State For Complainant : : Mr. Jitendra Shrivastava, Govt. Advocate. Mr. S.P. Sannat, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 26.06.2025
1. This first bail application has been 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. 254 / 2024 registered at Police Station Dipka, District Korba (C.G.), for the offences punishable under Section 296, 351(2), 115, 3(5), 109, 190 & 191 of B.N.S. Act (as per charge sheet).
2. Case on the prosecution, in nutshell, is that on 05.8.2024 at about 11.30 pm, complainant namely Prashant Vishwas has made oral report
2 against co-accused Naval and his friends alleging that they have assaulted one Manmeet with steel rod on his face, as a result of which, he sustained severe injuries on his person. On the basis of which, FIR was lodged by the police against the present applicant and unknown persons and on the basis of memorandum of co-accused persons, the present applicant has been implicated in the present case.
3.
Learned counsel appearing for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that the present applicant assaulted the injured only by hand and fist, by which, he did not receive any grievous injuries. He submits that similarly situated co-persons namely Mohd. Altaf & Sahil Ahmad have already been released on bail by this Court vide order dated 09.01.2025 passed in M.Cr.C. No. 127 of 2025, therefore, the present applicant is also entitled for regular bail on the ground of parity. He further submits that the applicant is in jail since 17.09.2024; charge sheet has already been filed; no criminal antecedents have been reported against the applicant; and conclusion of the trial is likely to take long time, hence, the applicant may be enlarged on bail. 4. Per contra, counsel for the State, who is well assisted by counsel for the Objector/complainant, would oppose the bail application. He submits that applicant and other co-accused persons have assaulted the injured with steel rod, as a result thereof, he sustained grievous injuries, which are dangerous to life, hence, looking to the nature & gravity of the offence, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the material placed on record. 3
6. Having heard learned counsel for the parties, having regard to the facts & circumstances of the case, particularly, considering the nature & gravity of the offence and the fact that case of the present applicant is distinguishable to that of co-accused persons namely Mohd. Altaf & Sahil Ahmad, because it is alleged that the present applicant assaulted the complainant by steel rod, due to which, he sustained grievous injuries, which are dangerous to life; thus, without commenting on merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant namely Nawal Singh Gond involved in Crime No. 254 / 2024 registered at Police Station Dipka, District Korba (C.G.), for the offences punishable under Section 296, 351(2), 115, 3(5), 109, 190 & 191 of B.N.S. Act (as per charge sheet), is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9.
Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. -
Sd/- Sd/-
(Ramesh Sinha)
Chief Justice amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.07.01 11:52:06 +0530