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2025 DAILYLAW 2279 (CHH)

DINESH THANAPATI v. STATE OF CHHATTISGARH

MCRC/238/2025 · 2025-01-13

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Judgment text

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1 2025:CGHC:2054 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 238 of 2025 Dinesh Thanapati S/o Chudamani Aged About 32 Years R/o Village - Amlidih, P.S. Balouda, Tahsil Saraipali, District- Mahasamund (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer, Police Station- Balouda, District – Mahasamund (C.G.) …. Non-applicant For Applicant : Mr. Gurudev I. Sharan, Advocate. For Non-applicant/State : Ms. Monika Thakur, Penal Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 13.01.2025 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. 72/2024 registered at Police Station – Balouda, District – Mahasamund (C.G.) for the offence punishable under Sections 109 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 25 and 27 of the Arms Act. 2. Case of the prosecution, in brief, is that on 13.09.2024 that the applicant came by his motorcycle to Balouda on 12.09.2024 and left his motorcycle near the house of one Pradeep Mahapatra due to 2 running out of the petrol. Further on 13.09.2024 the complainant along with Pradeep Pandey (injured), Pradeep Mahapatra, Prabhat Mahapatra and Som Bagar went to return the motorcycle to the present applicant at about 9 pm, in the night some dispute took place and it is alleged that the applicant caused penetrating injury abdomen of the injured Nilesh Pandey by knife. Hence, this application. 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 14.09.2024, 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 knife on his abdomen, due to which he sustained penetrating injuries, and the injuries sustained to the injured are grievous in nature, and dangerous to life. 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 knife on his abdomen, due to which he sustained penetrating injuries, and the injuries sustained to the injured are grievous in nature, and dangerous to life, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 3 7. Accordingly, this bail application of applicant – Dinesh Thanapati involved in Crime No. 72/2024 registered at Police Station – Balouda, District – Mahasamund (C.G.) for the offence punishable under Sections 109 of the BNS and Section 25 and 27 of the Arms Act, 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