1 2025:CGHC:1758 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 180 of 2025 Sharad Das Mahant S/o Late Mahesh Das Mahant Aged About 50 Years R/o Village- Rampur, Police Station- Kartala, District- Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station- Kartala, District- Korba (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Dharmesh Shrivastava, Advocate. For Non-Applicant(s) : Ms. Shubha Shrivastava, Panel Lawyer. For objector : Mr. K.P.S. Gandhi, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.01.2025 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. 55/2024, registered at Police Station Kartala, District- Korba (CG) for the offence punishable under Section 307 of the Indian Penal Code (IPC). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.10 19:45:12 +0530 2 2. The prosecution story in brief, is that the complainant, Tikabai Mahant, had oral report to the Police Station at Kartala, Korba district, stating that she resides in Rampur village and works as a housekeeper. She has three daughters and one son, with two of her daughters already married. She has been living separately from her husband, Sharad Das, for the past five years, along with her children. She has also filed a maintenance case against her husband. On 07.06.2024, her husband also went to the court, where he was given two days to pay the money, and then on 10.06.2024, she went to the court with her daughter. However, her husband, Sharad Das, did not attend the court hearing. She stayed with her brother, Basant Das, at Korba. On 12.06.2024, she was traveling with her son, Pawan Das, and daughter, Tinki Das, on a motorcycle from Korba to Rampur, they were attacked by her husband, who was waiting with the intention of killing them. He started hitting them with an axe (tangi), causing injuries to her right hand, left side of her back, right armpit, and her son Pawan's right hand, back, and right wrist, as well as her daughter Tinki's neck, therefore, the aforesaid offence has been registered against the appplicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that the real story of the incident is that when the present applicant is at his house, the complainant alongwith her children 3 came with arm and started quarreling with him, wherein the complainant and her children were the aggressor party, the applicant only use his right to private defense, assaulted them therefore, no offence would be committed by him as his act falls under general exception. He also submits that the as per the Medical Examination Report, doctor has opined that the injury of one of the injured persons is grievous in nature, but the same was not dangerous to life, the patient was not even admitted in the hospital for a single day for that injury, hence no alleged offence has been made out against the applicant. The applicant is in jail since 12.06.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. Learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. 5. Learned counsel for the objector submits that the applicant has assaulted the complainant and her children, due to which, the complainant received injuries on right hand, left side of her back & right armpit, her son Pawan received injuries on right hand, back, & right wrist and her daughter Tinki received injuries at the back & base of neck left side (4cm x 2cm x 1 cm) and as per medical report, the said injury was found to be grievous in nature, therefore, the applicant is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the 4 documents appended with it. 7. 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 complainant and her children, due to which, the complainant received injuries on right hand, left side of her back & right armpit, her son Pawan received injuries on right hand, back, & right wrist and her daughter Tinki received injuries at the back & base of neck left side (4cm x 2cm x 1 cm) and as per medical report, the said injury was 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. 8. Accordingly, the bail application of applicant-Sharad Das Mahant, involved in Crime No. 55/2024, registered at Police Station Kartala, District- Korba (CG) for the offence punishable under Section 307 of IPC, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 Akhil