Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:15901
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2658 of 2025 Khoman Nishad S/o Madan Nishad Aged About 24 Years R/o Near Water Tank Nagpura Police Station Pulgaon Durg District - Durg (C.G.)
... Applicant versus State of Chhattisgarh Through SHO Police Station Pulgaon District - Durg (C.G.)
... Non-Applicant For Applicant : Mr. Avinash Chand Sahu, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.04.2025
1. This is the First bail application 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. 389/2024 registered at Police Station – Pulgaon, District – Durg (C.G.), for the offence punishable under Sections 109 and 351(2) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, the complainant reported that on 24.09.2024, at around 6:30 p.m., she was walking home from her ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.04.04 17:40:30 +0530
2 ofÏce when she saw the applicant, whom she already knew, standing near the Sai Temple on Nagpura Road. He asked her to stop, but when she refused, he forced her to go with him. They went to a nearby nursery, where the applicant asked her why she wasn't talking to him. When she didn't respond, he threatened to kill her brother and stabbed her in the stomach with a knife. After she started bleeding, the applicant ran away. The complainant then told her sister what happened, and her brother took her to the hospital. The incident was reported to the police station, and the police registered the offense and arrested the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the injuries sustained by the complainant are simple in nature. He further submits that the complainant herself forced the applicant to continue their relationship, and when the applicant refused to continue it, she allegedly injured herself and falsely implicated the present applicant. He also submits that the applicant has no criminal antecedents and he is in jail since 10.10.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4.
On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the applicant stabbed the victim in the stomach with a knife, resulting in grievous injuries, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3
6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary and further the fact that the applicant stabbed the victim in the stomach with a knife, resulting in grievous injuries, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the first bail application of the applicant – Khoman Nishad, involved in Crime No. 389/2024 registered at Police Station – Pulgaon, District – Durg (C.G.), for the offence punishable under Sections 109 and 351(2) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 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 Abhishek