1 2025:CGHC:1784 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 234 of 2025 Mahesh Ratre S/o Ganesh Ram Ratre Aged About 18 Years R/o At Near Durga Mandir, Rameshwar Nagar, Bhanpuri, P.S. Khamtarai, Raipur, C.G. ... Applicant versus State of Chhattisgarh Through P.S. Khamtarai, Raipur, C.G. …. Non-applicant For Applicant : Mr. Akash Mishra, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 10.01.2025 1. This is the 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. 201/2024 registered at Police Station – Khamtarai, Raipur (C.G.) for the offence punishable under Sections 294, 323, 324, 506B, 307 and 34 of the IPC and Sections 25 and 27 of the Arms Act. 2. Case of the prosecution, in brief, is that one Himanshu Gond lodged an oral complaint on 08.03.2024 stating that on 07.03.24 the applicant along with the other co-accused, near Durga Mandir, Rameshwar Nagar, abused and assaulted him and his companions and during RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 quarrel, the applicant and the other accused Anish @ Anni, assaulted them with knife. It was also mentioned in the complaint that the applicant hit one Ketan Sahu on his abdomen and chest with knife due to which he sustained injuries and he was treated at JNM Medical College, Raipur. Based upon such complaint, FIR was registered against the applicant and the co-accused. During investigation, the applicant and the co-accused were arrested and their memorandum was recorded and at the instance of the applicant and the co- accused, 2 separate knives were recovered and they were produced before the trial court on 08.03.2024, from where the applicant and the co-accused were remanded to judicial custody whereas 2 other assailants being minors were presented before the Juvenile Justice Board. After investigation, the charge sheet was filed before the concerned court. 3. Learned counsel appearing for the applicants submits that the applicants are innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has been filed in this case and the co-accused, Anish Tiwari @ Anni has been enlarged on regular bail on 16.10.2024 by this Court in MCRC No. 6662/2024. It is submitted that the applicants are in jail since 08.03.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel, opposes the bail application and submits that the applicant is said to have assaulted the injured with knife who has received penetrating wound on his abdomen and was admitted in the Hospital for about 17 days and discharged after surgery, and the bail application of the co-accused 3 was granted on a different putting as he has assaulted the injured who has received simple injuries, and there are 2 criminal antecedents of the applicant of the years 2021 and 2022. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that the applicant is said to have assaulted the injured with knife who has received penetrating wound on his abdomen and was admitted in the Hospital for about 17 days and discharged after surgery, and the bail application of the co-accused was granted on a different putting as he has assaulted the injured who has received simple injuries, and there are 2 criminal antecedents of the applicant of the years 2021 and 2022, which goes to show that the applicants are habitual offender and he has misused the bail granted to them earlier, and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. 7. Accordingly, this bail application of applicants – Mahesh Ratre involved in Crime No. 201/2024 registered at Police Station – Khamtarai, Raipur (C.G.) for the offence punishable under Sections 294, 323, 324, 506B, 307 and 34 of the IPC and Sections 25 and 27 of the Arms Act, is rejected at this stage. 4 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce 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 Rajshekhar