Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:20292
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3393 of 2025 Dileshwar Yadav S/o Late Rajendra Yadav Aged About 21 Years R/o Bazaar Chowk, Rasmada Chowki, Ajora, Police Station Pulgaon, District Durg, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Pulgaon, District Durg, Chhattisgarh. ... Non-applicant For Applicant : Mr. Sundar Lal Sahu, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 02.05.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.301/2024, registered at Police Station – Pulgaon, District Durg (C.G.) for the offence punishable under Sections 307 of Indian Penal Code. 2 The case of the prosecution, in brief, is that the complainant, namely, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.05.03 10:41:26 +0530
2 Bhupendra Nishad has lodged a report before the outpost Anjora, District Durg on 15.06.2024 stating that at about 9.00 a.m. his brother Jwala Prasad went to Parkar Hotel Rasmada where the applicant was present and they were taking breakfast when his elder brother Jwala Prasad went near counter to pay the bill at that moment the applicant Dileshwar Yadav come behind the back and saying that you have not offer the Puri and inflicted injury by means of knife at the neck out of the said incident neck of the victim was cut and ample blood was oozing, so that immediately he has hospitalized at Shankarachary Hospital Junwani, Bhilai by Ambulance. On the basis of the said report the police has registered the offence under Section 307 of I.P.C. against the present applicant. The medical examination was conducted of the victim, found that incised wound in his neck 6x5x3cm. and he was undergone treatment from 15.06.2024 to 22.06.2024. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that there is no previous animosity between the applicant and the victim, the incident took place only on sudden provocation, there is no intention to commit alleged offence by the applicant. He further submits that the victim has not received any grievous injuries, and he was discharge from the hospital after one week.
He also submit that the applicant has no previous criminal antecedents, the charge-sheet has been filed in this case and the applicant is in jail since 16.06.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. He
3 further submits that the applicant is said to have assaulted the injured with knife, causing a deep incised wound (6x5x3 cm) on the neck, which were found to be grievous in nature and dangerous to life. Therefore, the applicant is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant is said to have assaulted the injured with knife, causing a deep incised wound (6x5x3 cm) on the neck, which were found to be grievous in nature and dangerous to life, I am not inclined to allow this application. 7 Accordingly, the bail application of the applicant - Dileshwar Yadav involved in Crime No.301/2024, registered at Police Station – Pulgaon, District Durg (C.G.) for the offence punishable under Sections 307 of Indian Penal Code, is rejected at this stage. 8 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9 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 Preeti