Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:14803
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2471 of 2025 Aryan Nayak S/o Shri Shankar Nayak Aged About 20 Years R/o Ramnagar, Ward No. 7, Udiya Mohalla, O.P. Chikhali, P.S. City Kotwali, District- Rajnandgaon (C.G.)
... Applicant versus State of Chhattisgarh Through The Police Station Lalbagh, District- Rajnandgaon (C.G.)
... Non-Applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-Applicant : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 27.03.2025
1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 552/2024, registered at Police Station Lalbagh, District- Rajnandgaon (C.G.) for the offence punishable under Sections 296 and 109 of Bhartiya Nyay Sanhita, 2023.
2. The prosecution story in brief, is that the complainant, Sudhanshu Patre, lodged a report at Police Station Lalbagh stating that he is a resident of Ward No. 7, Rajnandgaon. On 05.12.2024, he went to RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
2 Shere Punjab Dhaba with his friends, and while he was standing there, the applicant arrived at the spot and, due to some previous enmity, assaulted the victim, Gaurav Meshram, with a knife, causing grievous injuries. Consequently, an offence under Sections 296 and 109 of the B.N.S. 2023 was registered against the applicant.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that there is no seizure of any incriminating article from the possession of the applicant. He further submits that a perusal of the FIR would show that the victim Gaurav Meshram in the present crime was the aggressor and it was him who initially pushed the present applicant and abused him. He further submits that the injury of the victim on his body, which is simple in nature and further there is no intention. He further submits that the applicant is in jail since 06.12.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the present applicant has assaulted the injured with a knife, targeting his vital part of the body. As a result, the injuries sustained to the injured are grievous in nature, and as per the opinion of the doctor the injuries were found to be dangerous to life, therefore, he is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 3
6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the present applicant has assaulted the injured with a knife, targeting his vital part of the body, as a result, the injuries sustained to the injured are grievous in nature, and as per the opinion of the doctor and query report, the injuries were found to be dangerous to life, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail, accordingly, the bail application of applicant – Aryan Nayak, involved in Crime No. 552/2024, registered at Police Station Lalbagh, District- Rajnandgaon (C.G.) for the offence punishable under Sections 296 and 109 of Bhartiya Nyay Sanhita, 2023, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8.
OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/-
(Ramesh Sinha)
Chief Justice Rahul Dewangan