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2025 DAILYLAW 21697 (CHH)

ARYAN NAYAK v. STATE OF CHHATTISGARH

MCRC/3590/2025 · 2025-05-07

body2025

Judgment text

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1 2025:CGHC:21465 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3590 of 2025 Aryan Nayak S/o Shri Shankar Nayak Aged About 20 Years R/o Ramnagar, Ward No. 7, Udiya Mohalla, O.P. Chikhali, P.S. City Kotwali, District- Rajnandgaon (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Lalbagh, District- Rajnandgaon (C.G.) ... Non-applicant(s) For Applicant : Mr. Anuj Kumar Pandey, Advocate For Non-applicant : Mr. Nitansh Jaiswal, Panel Lawyer. For Objector : Mr. Anmol Sharma, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/05/2025 1. This is the Second bail application filed under Section 483 of the BNSS, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 552/2024 registered at Police Station- Lalbagh District- Rajnandgaon (C.G.), for the offence punishable under Sections 296, 109 of the BNS. 2. The earlier first bail application of the applicant being MCRC No. 2471/2025 was rejected by this Court vide order dated 27.03.2025, on merits. Hence this Second bail application. 3. The prosecution story in brief, is that the complainant namely, KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Sudhanshu Patre, lodged an FIR against the applicant before the Police Station Lalbagh with the averment that on 05.12.2024, when he had gone to Shere Punjab Dhaba with his friends, and while he was standing there, the applicant arrived at the spot and, due to some previous enmity, assaulted the victim, Gaurav Meshram, with a knife, causing grievous injuries. Consequently, an offence under Sections 296 and 109 of the B.N.S. 2023 was registered against the applicant. 4. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits and hence, this is second bail application filed by the applicant and the new ground which has been argued by the counsel for the applicant is that the applicant and the victim have amicably settled their dispute. He further submits that from perusal of the FIR would show that the victim Gaurav Meshram in the present crime was the aggressor and it was him who initially pushed the present applicant and abused him. Accordingly, he prays for grant of bail to the applicant. 5. Learned counsel appearing for the State/non-applicant opposes the prayer for grant of bail and submit that the first bail application of the applicant was rejected by this Court on merits and the new ground which has been raised by the counsel for the applicant does not appears to be reasonable and the same cannot be a good ground for releasing the applicant on bail as such, the applicant is not entitled to be released on bail. 3 6. Learned cousnel appearing for the Objector submits that a dispute occurred due to previous enmity and now both the parties have settled their dispute amicably. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Considering the above submissions made by the learned counsel for the parties, the applicant and victim have amicably settled their dispute, the same cannot be a ground for releasing the applicant on bail and further the statement of the injured had already been recorded by the trial Court while the first bail application was rejected and thereafter, the injured and applicant have compromised however, it appears that the injuries sustained to the injured was grievous in nature and as per the opinion of the doctor and query report, the injuries were found to be dangerous to life, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 9. Accordingly, the second bail application of the applicant-Aryan Nayak, involved in Crime No. 552/2024 registered at Police Station- Lalbagh District- Rajnandgaon (C.G.), for the offence punishable under Sections 296, 109 of the BNS., is rejected. 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/ Sd/- (Ramesh Sinha) Chief Justice Kunal