1 2025:CGHC:1782 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 231 of 2025 Vijay Das Vaishnav S/o Shri Peela Das Vaishnav Aged About 59 Years R/o Village – Kauwadih, Thana – Gidhpuri, Distriot – Balodabazar-Bhatapara (C.G.) ... Applicant versus The State of Chhattisgarh Through Station House OfÏcer, Police Station Gidhpuri, District – Balodabazar-Bhatapara (C.G.) …. Non-applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Penal Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 10.01.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No. 138/2024 registered at Police Station – Gidhpuri, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 109 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Case of the prosecution, in brief, is that the complainant/husband of the injured of the injured Smt. Chanda Bai Vaishnav lodged the report on 10.11.2024 with the averment that he has constructed two shops RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 near the shop of brother-in-law Vijay Das/applicant, since 4-5 days complainant has started selling of Gutka pouch, drinking water etc. due to said reason on 10.11.2024 some dispute has been arose between them and applicant caused the injury by sharp edged weapon on hand and head, therefore, the complainant lodged the report on the basis of which the FIR was registered, applicant was arrested and after completing the investigation charge-sheet is filed. 3. Learned counsel appearing for the applicants submits that the applicants are innocent and has been falsely implicated in the present case. It is submitted that the applicants are in jail since 10.11.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel, opposes the bail application and submits that the applicant is said to have assaulted the injured with sharped weapon who was having shop adjacent to the shop of the applicant, on her right hand and right parietal region and as per the X-ray report, there appears to be linear fracture on left thigh parietal bone. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that the applicant is said to have assaulted the injured with sharped weapon who was having shop adjacent to the shop of the applicant, on her right hand and right parietal region and as per the X-ray report, there appears to be linear fracture on left 3 thigh parietal bone, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, this bail application of applicant – Vijay Das Vaishnav involved in Crime No. 138/2024 registered at Police Station – Gidhpuri, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 109 of the BNS, 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 Rajshekhar