1 2025:CGHC:22316 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4021 of 2025 1 - Harishankar Yadav @ Jugnu S/o Mansha Ram Yadav Aged About 23 Years R/o Durga Mandir Ward 51 Baba Chowk Khurshipar, District - Durg Chhattisgarh 2 - Krishna Sharma @ Baiga S/o Bhagat Sharma Aged About 50 Years R/o Durga Mandir Zone-03, Sector-11 Khursipar, District - Durg Chhattisgarh ... Applicants versus 1 - State Of Chhattisgarh Through Police Station, Khursipar, District Durg Chhattisgarh ... Non-applicant For Applicant : Mr. Avinash Chand Sahu, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.05.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 grant of regular bail, as he has been arrested in connection with Crime No. 195/2024, registered at Police Station Khursipur District Durg (C.G.) for the offence punishable under Sections 109, 3(5) of BNS. 2. The case of the prosecution, in brief, is that on 12.10.2024 at about 10:30 PM, a quarrel took place between complainant Sunil Dhrutlahre and present applicant along with other person and the complainant were playing Garba and at that time a quarrel took place and the present applicant assaulted the complainant with knife and thereafter the complainant sustained injuries in various parts of the body. Thereafter, the police registered the above offence on present applicant and other co-accused Krishna Sharma and Rahul Kesharwani & Akash Chouhan (Both Juvenile). 3. It is argued by the learned counsel for the applicants that the applicant is falsely implicated in this case and there is no direct allegations of assault against them. Although there is an allegation involving a knife, the injuries sustained by the complainant are simple in nature, and no hospitalization or surgical treatment was required. He submits that the applicants have been arrested solely on the basis of the memorandum statement of a co- accused. It is stated that the prosecution witnesses have turned hostile and have not supported the case of the prosecution. He further submits that the charge sheet has already been filed, the 3 applicants are in jail since 16.10.2024 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, the learned State counsel opposes the bail application and submits that the applicants' request for regular bail should be denied. He submits that while the injuries sustained by the complainant may be simple, the use of a knife in the commission of the alleged offense is a serious matter, reflecting the applicants' involvement in a violent act. He submits that the aplicants have assaulted the complainant with the knife due to which, the complainant received injuries on the vital parts of the body and undergone surgery. It is also submitted that both the applicants have 4 criminal antecedents each. The charge sheet has already been filed, and the applicants are in judicial custody, therefore, bail may not be granted to them. 5. I have heard learned counsel for the parties. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants, it is clear that while the injuries to the complainant are simple, the use of a knife in the alleged assault significantly raises the gravity of the offense, particularly as the complainant required surgical treatment for injuries to vital parts of the body. Although the applicants are arrested based on a co-accused's memorandum statement and the prosecution witnesses have turned hostile, the charge sheet has been filed, and the applicants have been in jail 4 since 16.10.2024. Also, each of the applicants have four past criminal antecedents, indicating a pattern of criminal behavior. Considering the serious nature of the charges, the risk of interfering with the trial, and their criminal history, this Court is of the opinion that it is not a fit case to grant regular bail to the applicants. Accordingly, the bail application of the applicants – Harishankar Yadav @ Jugnu and Krishna Sharma, involved in Crime No. 195/2024, registered at Police Station Khursipur District Durg (C.G.) for the offence punishable under Sections 109, 3(5) of BNS, is hereby rejected. 7. 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 Vishakha