1 2025:CGHC:17258 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2883 of 2025 Aayush Sahu S/o Shri Shyam Sahu Aged About 19 Years R/o Belaka- Chhar P.S. Balconagar, District Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through P.S. Balko (Balconagar) Mention In Impugned Order Distt. Korba (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vijay Shankar Mishra, Advocate. For Respondent(s) : Dr. Sourabh Pandey, Dy. A.G. 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. 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. 592/2024, registered at Police Station Balko, Distt. Korba (CG) for the offence punishable under Sections 191, 296, 115(2), 351(2), 140(3), 109(1) of Bharatiya AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Nyaya Sanhita (for short ‘BNS’) and Sections 25 and 27 of Arms Act. 3. The prosecution story in brief, is that a complaint filed by Govind Singh at Balko Police Station in Korba District on November 1, 2024, alleging therein that on October 31, 2024, the applicant, Aayush Sahu, and co-accused allegedly assaulted Govind Singh's brother, Vinod Singh, causing injuries to his head, hands, and legs. Later, the applicant and others, including Sandeep, reportedly abused and chased Govind Singh with a sword near Ram Mandir Belkachhar, intending to commit murder. Based on this complaint, the police registered an offense against Aayush Sahu and other co-accused, subsequently, they were arrested. Hence, the bail application. 4. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. He further submit that the applicant has never assaulted the injured as alleged by the prosecution, he was only present there due to friendship, moreover, the injured was admitted in the hospital only for 4 days and the nature of injury is simple in nature. The applicant is in jail since 10.01.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in 3 the present case before the competent Court. He further submits that the applicant alongwith other co-accused persons allegedly assaulted the injured, due to which, injured sustained grievous injuries on his head and as per query report, the same was found to be dangerous to life, later on, they chased him with a sword near Ram Mandir Belkachhar with intention to commit murder, so far as co-accused persons are concerned, bail application of one of the identically situated co-accused persons, namely, Dinesh Chouhan has already been rejected by this Court vide order dated 04.04.2025, in MCRC No.2697/2025, therefore he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant alongwith other co-accused persons allegedly assaulted the injured, due to which, injured sustained grievous injuries on his head and as per query report, the same was found to be life threatening, later on, they chased him with a sword with intention to commit murder, so far as co-accused persons are concerned, bail application of one of the co-accused persons, namely, Dinesh Chouhan has already been rejected by this Court vide order dated 04.04.2025, in MCRC No.2697/2025 and the case of present applicant is identical to that of the co- 4 accused persons, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. 8. Accordingly, the bail application of applicant-Aayush Sahu, involved in Crime No. 592/2024, registered at Police Station Balko, Distt. Korba (CG) for the offence punishable under Sections 191, 296, 115(2), 351(2), 140(3), 109(1) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Sections 25 and 27 of Arms Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office 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 Akhil