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2025 DAILYLAW 24753 (CHH)

KANHA YADAV v. STATE OF CHHATTISGARH

MCRC/4653/2025 · 2025-07-06

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:31050 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4653 of 2025 Kanha Yadav S/o Shiv Shankar Yadav Aged About 19 Years R/o- Atal Aawaas, Ashok Nagar, Police Station Sarkanda, District- Bilaspur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through- Station House Officer, Police Station- Sarkanda, District- Bilaspur (C.G.) ... Respondent For Applicant : Mr. Humanyu Kabeer, Advocate For Respondent/State : Mr. Akhilesh Kumar, Govt. Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 07/07/2025 1. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 47/2025, registered at Police Station – Sarkanda, District- Bilaspur (C.G.) for offence punishable under Sections 103, 109 of BNS. 2. The prosecution story, in short, is that on 09-01-2025, complainant Chandrasini Dhruv lodged a written report at the police station, stating that on 09-01-2025 at around 05:00 PM, she came to know that applicant Kanha Yadav was engaged in a quarrel and altercation with a neighboring girl, Jhanvi Manikpuri, near the Ashok Nagar Pani Tanki Awas. At that time, her brother Omprakash Dhruv, along with Vikas and Pawan Yadav, who were present nearby, intervened to resolve the dispute. However, Kanha Yadav became enraged and, with the intent to kill, launched a fatal assault on all three of them with a knife he was SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.07.09 16:15:14 +0530 2 carrying, inflicting grievous injuries. The injured persons were taken to the Hospital. Omprakash Dhruv sustained grievous injuries near the left side of his abdomen, Vikas Yadav sustained grievous injuries on his chest and abdomen, and Pawan Yadav suffered a grievous injury near his navel. After discharged from the hospital, due to swelling on the body, Vikas Yadav again taken to the hospital at Bilaspur on 20.03.2025, he was referred to the Hospital at Raipur where he died on 23.03.2025. Based on above, offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. It is further submitted that the applicant acted in self-defense, resulting in the alleged assault. All the three injured persons were discharged from the hospital within 7 days of the incident. He further submits that the applicant is in jail since 10.01.2025, charges have not been framed till date and the trial is likely to take time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that the weapon used in the crime i.e. Knife, has been sized from the applicant, therefore, looking to the act committed by the applicant, at this stage, he may not be released on bail. 5. I have heard learned Counsel appearing for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, evidence collected by the prosecution against the applicant, the nature of offence and the fact that trial has not commenced till date, at this stage, without further commenting on merits of the case, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application is Rejected. However, the Trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham