1 2025:CGHC:21102 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3562 of 2025 1 - Ravindra Paikara S/o Latu Ram Paikara Aged About 39 Years, 2 - Bindheshwar Paikara S/o Latu Ram Paikara Aged About 53 Years (Name Of Applicant No.2 Is Wrongly Mentioned In Order Sheet As Vindheshwar And Bindeshwar His Correct Name Is Bindheshwar Paikara) Both R/o Dipadihkala, Dandpara, Police Station Shankargarh District Balrampur- Ramanujganj (C.G.) ... Applicants versus State Of Chhattisgarh Through Police Station- Shankargarh District Balrampur- Ramanujganj (C.G.) ... Respondent For Applicants : Shri Suhas Mehar, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/05/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.08 18:25:55 +0530 2 No.103/2024 registered at Police Station Shankargarh District Balrampur-Ramanujganj(C.G.) for the offence punishable under Sections 294, 506-B, 307 read with 34 of the Indian Penal Code (As per charge sheet). 2. Case of the prosecution, in brief, is that complainant Patilo Paikara lodged report in concerned police station stating that on 21.05.2024 at about 10 pm night she was serving food to her husband Etam Ram and Sukhendra Baghel, Chhotu Baghel and her husband was talking to Sukhendra and Chhotu at that time Bindheshwar and Kodel Paikara came and started quarrel over the issue of watering in the chili field and abused them and Kodel Ram beaten her husband through Fawda with intention to kill him due to that her husband became unconscious, on the basis of said report crime was registered against the applicants. 3. Learned counsel for the applicants submits that the present applicants are innocent and they have not committed any offence. He would submit that some dispute was there between both the parties regarding watering in the chili field and due to that they have lodged false case against the applicants. He would submit that incident happened in sudden provocation and there was no intention to try kill him and injury was not grievous. He would submit that the applicants were arrested on the basis of memorandum. He would submit that there is no criminal antecedents against the applicants and they are in jail since 22/05/2024, charge sheet has been filed and conclusion of trial is likely to take some time, hence he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. 3 She would submit that there there are five injuries caused to the injured out of which four are lacerated wound. Hence, the bail application of the applicants is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the case diary, it transpires that applicant No.2 has pushed the injured on the floor and applicant No.1 is said to have assaulted the injured with Fawda who has received four lacerated wound on the right temporal region, right upper neck, right cheek and frontal region and injuries were found to be grievous in nature, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, the bail application of applicant No.1- Ravindra Paikara and applicant No.2 Bindheshwar Paikara involved in Crime No.103/2024 registered at Police Station Shankargarh District Balrampur-Ramanujganj(C.G.) for the offence punishable under Sections 294, 506-B, 307 read with 34 of the Indian Penal Code, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri