1 2025:CGHC:37321 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4220 of 2025 1 - Premsagar Patel S/o Mukesh Kumar Patel Aged About 21 Years R/o Village Sirsakhurd Tehsil And District Durg Chhattisgarh 2 - Tushar Dhimar S/o Krishna Dhimar Aged About 21 Years R/o Village Sirsakhurd Tehsil And District- Durg Chhattisgarh. (Fathers Name And Age Has Not Mentioned In Cause Title Of Impugned Order) ... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Pulgaon, District Durg Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicants : Ms. Aditi Singhvi, Advocate For Respondent/State : Mr. Jitendra Shrivastava, Government Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/07/2025 1. This is 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. 125/2025 registered at Police Station – Pulgaon, District – Durg (C.G.) for the offence punishable under Sections 109, 3(5), 190, 191 of BNS, 2023. 2. As per prosecution story, in brief, is that on 14.04.2025 the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.01 10:54:47 +0530 2 applicants alongwith other co-accused persons has abused and beaten the complainant along with his guests and friends at about 11:00 P.M. near Ram Temple at Village Sirss, by which Tarun and Pankaj have received serious injuries. 3. Learned counsel for the applicant would submit that the applicants have been falsely implicated in this case. She further submits that the allegation levelled against the present applicants and other co- accused persons, who have assaulted six persons in marriage function, out of which, one injured person has suffered multiple grievous injuries i.e., one fracture was found on his head and he was also undergone the surgery and was on ventilator for five days. The present applicants are in jail since 16.04.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel, opposes the bail application and submits that applicant No.1 has two criminal antecedents in crime No. 466 of 2023 for the offence under Section 294, 323, 506, 34 of IPC and in crime No. 16458/2023 and applicant No.2 has one criminal antecedent offence under under Section 294, 323, 506(2), 34 of IPC, they are habitual offender therefore, instant bail application filed by the present applicants are liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature and gravity of the offence and considering the allegation levelled against the present applicants and 3 co-accused persons, who have assaulted six persons in marriage function, out of which, one injured person has suffered multiple grievous injuries i.e., one fracture was found on his head and he was also undergone the surgery and was on ventilator for five days and they were in jail since 16.04.2025, this Court is of the opinion that is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, this bail application of applicants – Premsagar Patel and Tushar Dhimar involved in Crime No. 125/2025 registered at Police Station – Pulgaon, District – Durg (C.G.) for the offence punishable under Sections 109, 3(5), 190, 191 of BNS, 2023, of the BNS, is rejected at this stage. 8. 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 vaishali