1 2025:CGHC:1757 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 102 of 2025 1. Hemant Yadav S/o Manoj Yadav Aged About 24 Years R/o Kodiya, Police Station Nandini Nagar, District Durg (C.G.) 2. Aslam Khan Urf Raja S/o Sabir Khan, Aged About 27 Years R/o Kodiya, Police Station Nandini Nagar, District Durg (C.G.). ... Applicants versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station Nandini Nagar, Bhilai, District Durg (C.G.) ---- Non-applicant For Applicants : Mr. Sumit Singh Rathore, Advocate. For Non-Applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/01/2025 1. This is the first bail application filed under Section 483 of the BNSS, for grant of regular bail to the applicants who have been arrested in connection with Crime No. 242/2024 registered at Police Station, Nandini Nagar, Bhilai, District Durg (C.G.), for the offence punishable under Sections 296, 115(2), 351(2), 118(1), 124(1), KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 3(5) of Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the mother of the injured namely Smt. Hemlata Nirmal, lodged First Information Report (FIR) against the applicants alleging that on 01-10-2024 at about 10:00 PM his son namely Rahul Nirmal went outside after taking dinner, there the applicants along with other persons came there and abused him and threatened him to kill and assaulted him with wooden stick and iron spade (फावड़ा) due to which the injured sustained grievous injuries. Therefore, the aforesaid offences were registered against him. 3. Learned counsel for the applicants submits that the present applicants are innocent and they have been falsely implicated in this case. He further submits that the applicants were never involved in the aforesaid crime instead they are helping the injured to ran away from the place. The complainant was purely motivated and preplanned and applicant was not involved in the above mentioned crime. He further submits that the injury which has been caused by spade (फावड़ा) on the injured by the applicants, there appears to be a simple injury and there is no internal damage and the the applicants are in jail since 18.11.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. Learned counsel appearing for the State/non-applicant opposes the prayer for bail and submitted that from perusal of the city scan of brain and face 3D of the injured namely Rahul Nirmal, which goes to show that he has received several injuries on his face and further 3 several fracture was found on the bones of his face i.e. Fracture of left greater wing of sphenoid bone with features of hemosinus. Fracture of left medial and lateral pterygoid plate. Fracture of anterior and medial wall of left maxillary sinus with features of hemosinus. Fracture of anterior wall of right maxillary sinus with features of hemosinus. Fracture of medial wall of left orbit. Comminuted fracture of left nasal bone and further six to seven teeth of the injured were also broken as such the injuries found to be grievous in nature. Hence, the present applicants are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, levelled against the applicants and the fact that the applicants along with other co-accused persons abused the injured and assaulted him by spade (फावड़ा), on account of which he received several injuries on his face and further from perusal of the city scan of brain and face 3D of the injured namely Rahul Nirmal, which goes to show that he has received grievous injuries on his face and further several fractures were found on the bones of his face moreover, six to seven teeth of the injured were also broken thus, this Court is of the view that the applicant is not entitled for grant of bail. 7. 7. Accordingly, the bail application of the applicants – Hemant Yadav and Aslam Khan Urf Raja, filed under Section 483 of the BNSS, involved in Crime No. 242/2024 registered at Police Station, 4 Nandini Nagar, Bhilai, District Durg (C.G.), for the offence punishable under Sections 296, 115(2), 351(2), 118(1), 124(1), 3(5) of 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 Kunal