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2025 DAILYLAW 17695 (CHH)

BHARAT DHRUV v. STATE OF CHHATTISGARH

MCRC/2990/2025 · 2025-04-21

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Judgment text

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1 2025:CGHC:17903 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2990 of 2025 Bharat Dhruv S/o Suresh Dhruv Aged About 29 Years R/o Village Bathena Ward, Dhamtari, Police Station City Kotwali, District Dhamtari, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station City Kotwali Dhamtari, District – Dhamtari, Chhattisgarh. …. Non-applicant For Applicant : Mr. Praveen Dhurandhar, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 21.04.2025 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. 342/2024 registered at Police Station – City Kotwali Dhamtari, District – Dhamtari (C.G.) for the offence punishable under Sections 333, 296, 351(3), 115(2), 118(1) and 109(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. Case of the prosecution, in brief, is that the complainant Fulkunwar RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 made a report to the Police to the effect that on 02.09.2024 at about 7.30 PM, she was at her house along with her two sons Vasudev Nirmalkar and Chandrashekhar Nirmalkar and at that relevant time, the neighbor applicant came to the house and abused Vasudeo Nirmalkar and entered into the house and also abused her and pushed her, due to which she fall against door and sustained injuries on her head, thereafter her both sons intervened Bharat Dhruv and ousted him from the house and thereafter the accused assaulted her son Vasudeo from hand and fist and thereafter came with vegetable knife and gave assault on abdomen by knife to Vasudev, thereafter he son Chandrashekhar and brother in law Kunal intervened, on which the accused gave knife assault to Kunal, due to which he sustained injuries on his neck and on her left face and thereafter the accused ran way. 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 applicants are in jail since 03.09.2024, 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 is said to have assaulted the injured persons with knife, due to which two persons have sustained simple injuries, and the third injured, namely, Vasudev has sustained injuries on his right abdomen, and as per the MLC Report and the doctor’s opinion, the injuries are grievous in nature. As such, the bail application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the case 3 diary. 7. Taking into consideration the facts and circumstances of the case and also considering the fact that the applicant is said to have assaulted the injured persons with knife, due to which two persons have sustained simple injuries, and the third injured, namely, Vasudev has sustained injuries on his right abdomen, and as per the MLC Report and the doctor’s opinion, the injuries are grievous in nature, 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 – Bharat Dhruv involved in Crime No. 342/2024 registered at Police Station – City Kotwali Dhamtari, District – Dhamtari (C.G.) for the offence punishable under Sections 333, 296, 351(3), 115(2), 118(1) and 109(1) 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