1 2025:CGHC:25490 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3984 of 2025 Sunil Jaiswal S/o Late Kripashankar Jaiswal Aged About 32 Years R/o Village - Govindpur, Police Chowki - Rewati, P.S., Chandaura, District - Surajpur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Chowki - Rewati Police Station - Chandaura, District - Surajpur Chhattisgarh ... Non-applicant(s) For Applicant : Mr. D.N. Prajapati, Advocate. For Non-applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 18.06.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail, as he has been arrested in connection with Crime No.01/2025, registered at Police Station- Chandaura, Police Chowki-Rewati District - Surajpur (C.G) for the offence punishable under Sections 296, 351(2), 115(2), 109, 117(2) of Bhartiya Nyaya Sanhita, 2023. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. The prosecution story in brief, is that the complainant Santosh Kumar Jaiswal lodged an FIR against the accused before the Police Chowki Rewati, Police Station Chandaura stating therein that when he was constructed in own house on 03/01/2025 at about 07:30 P.M. at that time the complainant's younger brother present there and the applicant said that he should not build a house on that land and thereafter, he abused the complainant with filthy language and threatened to kill him, beaten him with an iron hammer due to which he got injuries on head blood oozed out and his left hand was also got injured. Therefore, the aforesaid offences have been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant and the injured are true real brothers and there were dispute with respect to the property and the applicant is said to have assaulted the injured by hammer on account of which he sustained injuries however, injuries were found to be simple in nature and as per the MLC report, there is only injuries on the hand whereas no injury on the head and further the applicant has no criminal antecedent and in the present case, charge-sheet has been filed before the competent Court and he is in jail since 18.03.2025 and the conclusion of the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned counsel for the State opposes the prayer for grant of bail and submits that as per the MLC report of the injured, 04 injuries were found on the person, out of which one of the injuries 3 was on head and after medical/X-ray, the parietal bone was found to be fractured as such, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and further the fact that the applicant and the injured are real brothers and their dispute revolves around land/property and the applicant allegedly assaulted his brother with a hammer, causing grievous injuries and as per the Medical Legal Certificate (MLC) report, the injured brother sustained four injuries, including a head injury that resulted in a fracture of the parietal bone as such, this Court does not find it a fit case to release the applicant on regular bail. 7. Accordingly, the bail application of present applicant- Sunil Jaiswal, involved in Crime No.01/2025, registered at Police Station- Chandaura, Police Chowki-Rewati District - Surajpur (C.G) for the offence punishable under Sections 296, 351(2), 115(2), 109, 117(2) of 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal