Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:15899
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2661 of 2025 Ravi Tondey S/o Sushil Tondey Aged About 23 Years R/o Village Dunda, P.S. Mujgahan, District Raipur Chhattisgarh
... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Tikrapara, Raipur, District Raipur (C.G.)
... Non-Applicant For Applicant : Mr. Dashrath Kushwaha, Advocate For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 04.04.2025
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. 318/2024, registered at Police Station Tikrapara, Raipur, District Raipur (C.G.) for the offence punishable under Sections 294, 506, 323, 34 and 307 of the Indian Penal Code and Section 25 and 27 of the Arms Act.
2. The prosecution story in brief, is that the complainant lodged a report at the concerned police station stating that on the date of the incident, a dispute arose between the accused persons and the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
2 injured person regarding dancing during the Shobha Yatra. Thereafter, the accused persons allegedly assaulted the injured person with a knife, causing injuries. Based on the report, the concerned police station registered an offence punishable under Sections 294, 506, 323, 34, and 307 of the Indian Penal Code, along with Sections 25 and 27 of the Arms Act, against unknown persons. The present applicant was arrested in this case solely on the basis of a memorandum statement.
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 was simple dispute arose between the injured person and applicant but the applicant has neither assaulted upon injured person nor committed any aforesaid offence. He further submits that the applicant is alleged to have caused injuries to the victim, Sameer Sahu, by stabbing him in the back with a knife, which is simple in nature, whereas the co-accused, Shubham Giri, is alleged to have assaulted another victim, Shubham Chandrakar, by stabbing him in the abdomen with a knife. He further submits that the applicant is in jail since 28.05.2024 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
3 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. 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, 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 – Ravi Tondey, involved in Crime No. 318/2024, registered at Police Station Tikrapara, Raipur, District Raipur (C.G.) for the offence punishable under Sections 294, 506, 323, 34 and 307 of the Indian Penal Code and Section 25 and 27 of the Arms Act, 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