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2025 DAILYLAW 21963 (CHH)

SANTOSH PRASAD ALIAS TAKLA v. STATE OF CHHATTISGARH

MCRC/3691/2025 · 2025-05-08

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Judgment text

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1 2025:CGHC:21686 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3691 of 2025 Santosh Prasad Alias Takla S/o Lt. Laxman Prasad Aged About 22 Years R/o- Near Shiv Mandir, Ambedkar Chowk, Krishna Nagar, Supela, Tehsil And District- Durg (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station, Supela, District Durg (C.G.) ... Non-applicant For Applicant : Mr. Avinash Chand Sahu, Advocate. For Non-applicants/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.05.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 79/2025 registered at Police Station – Supela, District – Durg (C.G.), for the offence punishable under Sections 109(1) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution story in brief, the complainant lodged a report stating that on 18.01.2025, the complainant, Sanju @ Shashikant Barmar, came to attend a friend's marriage ceremony. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 During the baraat procession, a quarrel took place between the complainant and the applicant over some minor issues, resulting in the applicant assaulting the complainant with a cutter. The complainant sustained injuries to his nose, the back of his neck, and near his eyes, leading to the registration of the aforementioned offence. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that although there is an allegation of assault with a cutter, the injuries sustained by the victim are simple in nature. He also submits that the complainant's injuries are simple and did not require hospitalization for surgery or operation. He further submits that the applicant has no criminal antecedents and he is in jail since 19.01.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the applicant assaulted the injured with a cutter, due to which he sustained grievous injuries to his nose, the back of his neck, and near his eyes, therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it transpires that the applicant assaulted the injured with a cutter, due to which he sustained grievous injuries to his nose, the back of his neck, and near his eyes, therefore, this Court is of the opinion that it is not a fit case to enlarge the 3 applicant on bail. 7. Accordingly, the first bail application of the applicant – Santosh Prasad Alias Takla, involved in Crime No. 79/2025 registered at Police Station – Supela, District – Durg (C.G.), for the offence punishable under Sections 109(1) of the Bhartiya Nyaya Sanhita, 2023, 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan