1 2025:CGHC:32052 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4172 of 2025 Harsh Upadhayay S/o Late Manoj Upadhayay Aged About 21 Years R/o Surya Chowk Chingrajpara, Sarkanda Bilaspur, District - Bilaspur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station - Sarkanda Bilaspur, District - Bilaspur Chhattisgarh. ... Non-Applicant For Applicant : Mr. Anway Tiwari, Advocate appears through V.C. For Non-Applicant : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 156/2025 registered at Police Station- Sarkanda, District- Bilaspur, (C.G.) for the offence punishable under Sections 109, 191(B) of Bharatiya Nyaya Sanhita, 2023 and Sections 25, 27 of Arms Act. 2. The prosecution story in brief, is that the complainant and his brother went to Loyola School in a car and were standing near the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 school gate. After the school ended at around 2:05 PM, the complainant was taking his younger brother, Lakshya Kashyap, into the car when the accused, Kanha Sahu, who was standing near the gate, asked whether he was Lakshya’s brother. When the complainant confirmed, the accused began abusing and assaulting him. Thereafter, Kanha Sahu and his associate took out knives and stabbed the complainant’s brother, Shriyank Kashyap, causing injuries near his stomach and lip. Following the incident, Shriyank was immediately taken to the hospital. Based on the report, FIR No. 156/2025 was registered at Police Station Sarkanda, and the applicant was arrested on 29.01.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that there is no seizure of any incriminating article from the possession of the applicant. He further submits that neither he is involved in the aforesaid offence nor he has nay connection with the aforesaid crime. He further submits that the injury of the victim on his body, which is simple in nature and further there is no intention. He further submits that the applicant is in jail since 29.01.2025and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the present applicant is the main accused and has assaulted the injured with a knife, targeting his vital part of the body. As a result, the injuries sustained to the injured are grievous in nature, and as per the 3 opinion of the doctor the injuries were found to be dangerous to life, therefore, he is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the present applicant is the main accused and has assaulted the injured with a knife, targeting his vital part of the body, as a result, the injuries sustained to the injured are grievous in nature, and as per the opinion of the doctor and query report, the injuries were found to be dangerous to life, further he has 04 criminal antecedents which are pending, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail, accordingly, the bail application of applicant – Harsh Upadhayay, involved in Crime No. 156/2025 registered at Police Station- Sarkanda, District- Bilaspur, (C.G.) for the offence punishable under Sections 109, 191(B) of Bharatiya Nyaya Sanhita, 2023 and Sections 25, 27 of Arms Act, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. Office 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 Rahul Dewangan