1 2025:CGHC:18121 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 552 of 2025 Sahil Khan S/o Late Salim Khan Aged About 25 Years R/o. Near Vivekanand Ashram, Idgahbhata, P.S. Azad Chowk, Tehsil And Distt.- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S.- Purani Basti, Distt.- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Anway Tiwari, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 22/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.558/2024, registered at Police Station Purani Basti, Distt.- Raipur (C.G.) for alleged commission of offence punishable MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.04.24 18:21:08 +0530 2 under Sections 109, 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 3. As per the case of the prosecution, the on December 20, 2024, at around 00:30 hours, the complainant was going home with his father and younger brother Ajay. When they stopped at Jay Mata Di Hotel in Lakhe Nagar Chowk to order food, an altercation occurred near Lakhe Nagar Dhaal Gausala. The accused, Shubham Mishra, along with his associates Raj Rautray, Som Gajbhiye, and Sahil Khan, allegedly assaulted Ajay due to a previous animosity. When the complainant and his father intervened, the accused threatened them and Som Gajbhiye pulled out a knife and attacked Ajay, while others assaulted them with kicks and fists. As the complainant tried to flee towards Lakhe Nagar Gali, the accused chased him and Shubham Mishra hit him on the head with a stone, causing bleeding. Ajay sustained serious injuries on his back, head, and ear. The complainant alleged that Sahil Khan, along with Shubham Mishra, Som Gajbhiye, and Raj Rautray, attempted to murder his brother with a knife. Thereafter, aforesaid offence has been registered against the applicant. As Sahil Khan is absconding, further investigation is pending under section 173(8) of CrPC. Hence, the anticipatory bail application. 4. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. He further submits that there is no any seizure of weapon has been made 3 from the applicant, so far as injuries are concerned, the injuries sustained by the complainant and others are not grievous and the doctor has also opined that the same are simple in nature. Hence he prays to enlarge the applicant on anticipatory bail. 5. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that applicant alongwith his associates had assaulted the complainant, injured, namely, Ajay Adwani and others with knife, stone and kicks-fists, due to which, the injured, Ajay Adwani sustained injuries, which were medically assessed. According to the AIIMS, Raipur report, the injuries are, Injury No. 4: A 0.5 cm x 0.5 cm abrasion on the right forehead, Injury No. 5: A 3 cm x 0.1 cm friction burn on the back of the left elbow, Injury No. 6: Multiple abrasions on the back of the neck and below the right ear, ranging from 0.5 cm x 0.1 cm to 6 cm x 0.3 cm, consistent with impact from a hard object and Injuries No. 1, 2, and 3 were noted to be consistent with sharp-edged weapons. Similarly, the complainant's injuries were assessed, and the report from AIIMS, Raipur noted a 5 cm x 3 cm injury on the right side of the head, consistent with impact from a hard and rigid object, therefore, the anticipatory bail application of the applicant deserves to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 4 7. Taking into consideration the nature of allegation made against the present applicant that he alongwith other co-accused persons had assaulted the complainant, injured, namely, Ajay Adwani and others with knife, stone and kicks-fists, due to which, the injured, Ajay Adwani sustained injuries, which were medically assessed and according to the AIIMS, Raipur report, the injuries are, Injury No. 4: A 0.5 cm x 0.5 cm abrasion on the right forehead, Injury No. 5: A 3 cm x 0.1 cm friction burn on the back of the left elbow, Injury No. 6: Multiple abrasions on the back of the neck and below the right ear, ranging from 0.5 cm x 0.1 cm to 6 cm x 0.3 cm, consistent with impact from a hard object and Injuries No. 1, 2, and 3 were noted to be consistent with sharp-edged weapons, similarly, the complainant's injuries were assessed, and the report from AIIMS, Raipur noted a 5 cm x 3 cm injury on the right side of the head, consistent with impact from a hard and rigid object, as such, I am not inclined to grant anticipatory bail to the applicant. 8. Accordingly, the anticipatory bail application of the applicant - Sahil Khan, involved in Crime No.558/2024, registered at Police Station Purani Basti, Distt.- Raipur (C.G.) for alleged commission of offence punishable under Sections 109, 3(5) of the BNS is rejected. Sd/- (Ramesh Sinha) Chief Justice Manish