1 2025:CGHC:21697 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3659 of 2025 Hamja Ahmad Kuraishi S/o Nafish Ahamad Kuraishi Aged About 19 Years R/o Near Gangaram Talab, Indira Nagar Raigarh, Police Station City Kotwali, Raigarh, Tahsil And District Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - City Kotwali, Raigarh, District Raigarh (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ashish Gupta, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.05.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 33/2025, registered at Police Station City Kotwali, Raigarh, District Raigarh (CG) for the offence punishable under Sections 296, 115(2), 351(2), 109(1) of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The prosecution story in brief, is that on January 21, 2025, at around 6:30 P.M., 16-year-old Sagar Manik was heading to the Hanuman temple for worship. Near the Ganga Kirana shop, the applicant and his two friends allegedly abused him with filthy language, threatened to kill him, and the applicant stabbed him in the stomach with a knife while his friends assaulted him with their hands and fists. The victim's father reported the incident to the City Kotwali police station, leading to the registration of Crime No. 33/2025 under relevant sections of the Bharatiya Nyaya Sanhita 2023. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that though the applicant has assaulted the applicant by means of knife, due to which, the injured sustained stab injuries on his abdomen i.e. puncture wound, but the matter has already been compromised between the parties and the injured has no objection, if the present applicant been granted bail. The applicant is in jail since 22.01.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 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 before the competent Court. She further submits that the applicant alongwith other co-accused persons are alleged 3 to have assaulted the injured, the co-accused persons have assaulted the injured by kicks and fists, whereas, present applicant has assaulted the injured by means of knife, due to which, injured sustained injuries on his abdomen i.e. puncture wound, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the though the matter has been compromised between the parties and the injured has no objection, if the present applicant has been granted bail and as per MLC Report, there is no opinion by the Doctor, whether the injury is grievous or not also there is no Query Report to show, whether the injury is dangerous to life or not, but considering the fact that present applicant has assaulted the injured with knife, due to which, injured sustained injuries on his abdomen i.e. puncture wound, he was also admitted to the hospital for about 7 days and underwent surgery, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant-Hamja Ahmad Kuraishi, involved in Crime No. 33/2025, registered at Police Station City Kotwali, Raigarh, District Raigarh (CG) for the offence 4 punishable under Sections 296, 115(2), 351(2), 109(1) of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil