1 2025:CGHC:32315 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4666 of 2025 • Sukesh Yadav S/o Jangiram Yadav Aged About 22 Years R/o Village Pareva P.S. Shankargarh, District - Balrampur-Ramanujganj Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Station House Officer - P.S. - Shankargarh, District - Balrampur-Ramanujganj Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sunil Tripathi, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.175/2024 registered at Police Station Officer- Shankargarh, District-Balrampur-Ramanujganj (C.G.) under Sections 109, 3(5), 58, 61 of BNS Act 2023 and 25, 27 of Arms Act. 2. As per prosecution, in brief, is that, on 19.10.2024, a complaint was made by complainant that on 19.10.2024 at around 5:30 pm, his brother Sanju Yadav informed him via phone that an unknown VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 person has shot his uncle Vasudev Yadav with a gunnear Bhukurtuari jungle, as a result of which he has sustained injuries on his right hand, elbow, chest and back and is bleeding, after which he reached the spot in his jeep and took him to Shankargarh Hospital. That during the investigation, the applicant was interrogated and, in his memorandum, disclosed the fact that he shot Vasudev and then ran away with other co-accused in his motorcycle and thus the present applicant has been implicated in the above said offence. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case, at the time of incident, it was dark and neither the complainant nor the victim has seen the accused and have registered the complaint against the unknown person. It is argued by learned counsel for the applicant without any test identification parade the present applicant has been arrested for committing the above said offence whereby in order to identify the accused it is necessary to get the accused examined and identified by the victim. The applicant has no previous criminal antecedents and he is in jail since 21.10.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that applicant has no previous criminal antecedent. He further submits that that applicant shooted the uncle of complainant in three rounds of fire to injured namely Vasudev Yadav with his gun, as a result of which, he has sustained injuries on his right hand, elbow, chest and back, after which he was admitted to Shankargarh Hospital, looking to the conduct of the applicant he is not entitled for grant of bail. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and considering the fact that applicant shooted the uncle of complainant in three rounds of fire to injured namely Vasudev Yadav with his gun, as a result of which, he has sustained injuries on his right hand, elbow, chest and back, after which he was admitted to Shankargarh Hospital for about four days, therefore, I am not inclined to grant regular bail to the present applicant. 7. Accordingly, the first bail application of the applicant– Sukesh Yadav filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.175/2024 registered at Police Station Officer- Shankargarh, District-Balrampur-Ramanujganj (C.G.) under Sections 109, 3(5), 58, 61 of BNS Act 2023 and 25, 27 of Arms Act is rejected. Sd/- 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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