1 2025:CGHC:1761 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 186 of 2025 Mangal Singh S/o Late Ghasiram Aged About 41 Years Caste- Gond, R/o Village- Surta, (Chhatapara), P.S.- Ramanujnagar, District- Surajpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- S.H.O., Police Station- Ramanujnagar, District- Surajpur (C.G.) ... Non-Applicant(s) For Applicant(s) : Ms. Harshika Pandey, Advocate. For Non-Applicant(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/01/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 93/2024 registered at Police Station Ramanujnagar, District- Surajpur (C.G.) for the offence punishable under Sections 294, 506, 323, 307/34 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that Kamalo Bai, a resident of AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.11 14:26:22 +0530 2 Surata Devala, filed an oral report at the Ramnujanagar Police Station, stating that she was at home with her husband, Rampratap Singh, and children on the night of 24.05.2021, around 9:00 pm. Suddenly, three men, Mangal Singh, Ramdev, and Sunil Singh, arrived and took her husband outside, saying they would eat and drink together. However, after some time, Kamalo Bai heard a commotion and saw the three men assaulting her husband, using obscene language and threatening to kill him. Her brothers-in-law, Bhayyalal and Babulal, intervened to stop the fight. During the altercation, Mangal Singh hit her husband on the head with an axe (tangi), causing him to fall and suffer injuries to his head, waist, back, hands, and feet. Kamalo Bai took her husband to the Ramnujanagar hospital, where he was referred to the Surajpur District Hospital and then to the Ambikapur District Hospital for further treatment. Based on Kamalo Bai's report, a case was registered against the accused, Mangal Singh, Ramdev, and Sunil Singh, under sections 294, 506, and 323/34 of the Indian Penal Code. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. She further submits that the applicant has no intention to cause injury to victim, when they were having dinner, suddenly some heated arguments took place and all of them under the influence of alcohol started fighting each other, the present applicant in his right to defense has caused injury to victim/injured. She also submits that the as per the MLC, there is no any serious 3 injury mentioned in the report, only one axe has been seized from the present applicant and no blood stain was found, further two of the co-accused persons persons, namely, Ramdev Singh and Sunil Singh have already been granted bail by this Court vide order dated 27.11.2024 in MCRC No.7822 of 2024. The applicant is in jail since 29.09.2024, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant alongwith other co-accused persons have assaulted the injured, due to which, the injured received grievous injuries on his person and was also admitted in the hospital for his treatment, further the applicant is having nine criminal antecedents, out of which, seven are Istagashas and two cases are under the IPC, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 29.07.2024, the fact that the applicant alongwith other co- accused persons have assaulted the injured, namely, Rampratap Singh, due to which, he received grievous injuries on left side of his head, and there was a fracture as well, it was also opined 4 dangerous to life as per the query report, further the co-accused, namely, Ramdev Singh and Sunil Singh have been granted bail on the ground that they have assaulted the injured with kicks and fists, whereas the applicant has assaulted the injured by an axe, which was also recovered from his possession, thus, the case of present applicant is distinguishable to that of the co-accused persons, so far as the criminal antecedents of the applicant is concerned, the applicant is having nine criminal antecedents, out of which, seven are Istagashas and two cases are under the IPC, charge-sheet has been filed in the present case, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant-Mangal Singh, involved in Crime No. 93/2024 registered at Police Station Ramanujnagar, District- Surajpur (C.G.) for the offence punishable under Sections 294, 506, 323, 307/34 of IPC, is rejected. 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil