Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 25414 (CHH)

AMAN KAMDE @ SOURABH v. STATE OF CHHATTISGARH

MCRC/4310/2025 · 2025-06-29

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:29120 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4310 of 2025 Aman Kamde @ Sourabh S/o Hemant Kamde Aged About 24 Years R/o Infront Of Sheetla Temple, Shiv Nagar Handi Para, Azad Chowk, District Raipur,Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Azad Chowk, District Raipur Chhattisgarh. ..Non-applicant For Applicant : Mr. Navin Shukla, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 30.06.2025 1. The applicant has preferred this First Bail Application under Section 483 of the B.N.S.S. in connection with Crime No. 15/2025, registered at Police Station Azad Chowk, District – Raipur(C.G.) for the offence punishable under Sections 109, 115(2),296 & 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act. 2. That case of the prosecution in brief is that, complainant Vaishnav VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.01 18:13:06 +0530 2 Markam resident of Bajrang Nagar lodged a report at Police Station Azad Chowk Raipur stating that on 09.01.2025 at night 11:00 O'clock the present applicant called him near Vipra Bhawan Samta Colony in connection to the Old Quarrel and Vandalism of motorcycle. Complainant accompanied by his brother Golu Markam and friend Bhuwan Barve went to the place and were talking to each other. During their conversation dispute arose between the parties and they started hurling abuses to each other and by giving threat of life started fighting with the complainant and his companions with hands and fists, then with an intention to commit murder of the complainant the present applicant tried to hit him in the stomach with a knife which he had with him, then the complainant moved back due to which he got injured in his left solder and thigh. After which co-accused Roshan Vishvakarma and the present applicant both attacked him with a knife due to which he got injured in his face. When Golu Markam and Bhuwan Barve tried to intervene Bhuwan Barve got injured in the hill of his right foot. On the complaint made by the complainant offence was registered and the matter was taken under investigation. During investigation complainant and witnesses were interrogated and on their instructions spot map of the place of incident was prepared. From the place of incident blood stain and plain soil were seized. From the accused persons button knife and house hold knife was seized. The injuries came to the complainant were opined to be of grievous in nature as per the doctor. After the query of knife the same was sent for FSL. In the present case 25. 27 of Arms Act were added. Accused persons were arrested legally and were sent to judicial remand, after completion of the whole investigation in the present 3 matter. Finding prima facie evidences against the applicant and other co-accused persons final report bearing no. 52/2025 was prepared and the same was presented on 13.03.2025 before the concern trial Court 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the present applicant was not present at the scene of crime at the time when the incident took place on 09.01.2025 at night 11:00 o’clock, the complainant and his brother had a scuffle with the co-accused Alok Kamde, due to which the complainant got unbalanced and fall down on the ground and got injured due to the old scrap materials like iron & tin. He further submits that applicant is in jail since 14.01.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant has assaulted the injured by knife on his stomach and the injuries sustained by the applicant are found to be grievous in nature, 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 applicant/accused –Aman Kamde @ Sourabh 4 involved in Crime No. 15/2025, registered at Police Station Azad Chowk, District – Raipur(C.G.) for the offence punishable under Sections 109, 115(2),296 & 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav