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2025 DAILYLAW 16455 (CHH)

ANIKET KUMAR SAHU @ NIKKA SAHU v. STATE OF CHHATTISGARH

MCRC/2838/2025 · 2025-04-15

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Judgment text

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1 2025:CGHC:17257 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2838 of 2025 Aniket Kumar Sahu @ Nikka Sahu S/o Shri Dhaniram Sahu Aged About 22 Years R/o In Front Of Vaibhav Provision Store, Beside Of Deepupara Pond, Tarbahar, P.S. - Tarbahar, Tehsil And District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House OfÏcer, Police Thana - Tarbahar, Tehsil And District – Bilaspur (C.G.) …. Non-applicant For Applicant : Mr. Neeraj Choubey, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 15.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No. 323/2024 registered at Police Station – Tarbahar, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 3(5) and 109 of the Bharatiya Nyaya Sanhita, 2023 (BNS). RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. Case of the prosecution, in brief, is that the complainant Kenvat made the complaint and stated that on 20.10.2024 his wife and his sister both were fasting for Karwa Chouth and then on about 10:30 pm, were went out from house to see the moon, the applicant and his brother were fighting in their own, upon which the younger brother of the complainant trying to stop them from using abusing words, then applicant along with his brother started assaulting the Chandraprakash Kenvat, then the father of the complainant trying to pacify the fight, they were trying to bring the younger brother inside, meanwhile the applicant assaulted his father through the brick and the co-accused threatened to kill. Hence, this application. 4. Learned counsel appearing for the applicants submits that the applicants are innocent and has been falsely implicated in the present case. It is submitted that the applicant is in jail since 22.10.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 5. On the other hand, learned State counsel, opposes the bail application and submits that the applicant along with the co-accused is said to have assaulted the injured with stick and Brick, due to which he sustained fracture and he has suffered sever bleeding from his head, and as per the MLC report, CT Scan Report, and the doctor’s opinion, the injuries are grievous in nature and dangerous to life. As such, the bail application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case and 3 also considering the fact that the applicant along with the co-accused is said to have assaulted the injured with stick and Brick, due to which he sustained fracture and he has suffered sever bleeding from his head, and as per the MLC report, CT Scan Report, and the doctor’s opinion, the injuries are grievous in nature and dangerous to life, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 8. Accordingly, this bail application of applicant – Aniket Kumar Sahu @ Nikka Sahu involved in Crime No. 323/2024 registered at Police Station – Tarbahar, District – Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 3(5) and 109 of the BNS, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 Rajshekhar