1 2025:CGHC:17247 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2906 of 2025 Charandas Gayakwad S/o Chhabiram Gayakwad Aged About 24 Years R/o Village- Saloni, Chhachhanpairi Road, Police Station Mujgahan, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Kabir Nagar Raipur, District- Raipur (C.G.) ... Respondent For Applicant : Mr. Sumit Singh Rathore, Advocate For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. 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 second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.04.17 15:59:46 +0530 2 to the applicant who has been arrested in connection with Crime No. 168/2024 registered at Police Station Kabir Nagar Raipur District – Raipur (C.G.), for the offence punishable under Sections 109 of B.N.S.S. and Sections 25 & 27 (1)(b)(b) of Arms Act. 3. The prosecution story in brief, is that the complainant Bindiya Nishad had a relationship with accused Charandas Gaikwad for about 2.5-3 months. However, when Bindiya stopped communicating with Charandas for 19 days, he called her to meet near Atari Ashram on 01.08.2024, at 6:00 pm. Upon arrival with her mother, Kanti Nishad, and friends, Hema Yadav and Reena Yadav, Charandas attacked Bindiya with a sharp-buttoned iron knife on her chest, neck, hand, fingers, waist, and back. Bindiya's mother and friends intervened, and Reena Yadav was also injured. Bindiya was hospitalized at AIIMS, Raipur. A report was filed at Kabirnagar Police Station, Raipur, under Crime No. 168/2024, Sections 109 BNS and 25, 27 of Arms Act. Statements of Bindiya, witnesses, and Charandas were recorded, and evidence was seized, including the knife and motorcycle. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant and the injured are in love affair and for leaving the injured, a false FIR has been registered against the applicant, the applicant has neither attacked the injured by knife. He also submits that the victim's mother has committed marpeet with injured, she was protected by the present applicant and also 3 as per the medical report the nature of injury is simple in nature. The applicant is in jail since 01.08.2024 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 the present case before the competent Court. She further submits that the present applicant has assaulted the injured by knife, due to which, she received 7 injuries, out of which 4 are stabbed wound and 3 are incised wound, further as per the Medical Examination Report, the injuries sustained by the injured are found to be grievous in nature, therefor, the applicant 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 has assaulted the injured by knife on her vital and non-vital parts of the body, due to which, she received 7 injuries, out of which 4 are stabbed wound and 3 are incised wound and as per Medical Examination Report, the injuries sustained by the injured are found to be grievous in nature, as such, without expressing any opinion on the merits of the case and no new ground has been raised and further looking to the 4 seriousness of the allegations against the present applicant, 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 - Charandas Gayakwad, involved in 168/2024 registered at Police Station Kabir Nagar Raipur District – Raipur (C.G.), for the offence punishable under Section 109 of B.N.S.S. and Section 25 & 27 (1)(b)(b) of Arms Act, is rejected. 8. Office 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 vaibhav