Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:26532
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4704 of 2025 Roshan Lal Sahu S/o Dilip Kumar Sahu Aged About 21 Years R/o Village- Kutulbod Bhatagaon, House No. 64, Ward No. 11, P.S.-Lalbagh, Tahsil - Dongargaon, Distict- Rajnandgaon (C.G.)
... Applicant(s) versus State Of Chhattisgarh Through P.S. Lalbagh, District - Rajnandgaon (C.G.)
... Respondent(s) For Applicant(s) : Mr. Ravi Kumar Bodhani alongwith Mr. Karanjeet Bodhani, Advocates. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 20.06.2025
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. 84/2025, registered at Police Station Lalbagh, District - Rajnandgaon (CG) for the offence punishable under Sections 296, 351(3) & 109(1) of Bharatiya Nyaya Sanhita AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 (for short ‘BNS’).
2. The prosecution story in brief, is that after winning the Sarpanch election, Rohit Kumar Sahu from Katulbod Bhatagaon village, under Lalbagh Police Station, led a procession in the village. During the celebration, Dharamesh Kumar Sahu, son of complainant Manoj Kumar Sahu, accidentally bumped into the accused, Roshan Kumar, while dancing. The accused allegedly shouted at Dharamesh, asking why he was pushing him, and then used abusive language, threatened to kill him, and stabbed him in the stomach with a sharp knife, causing injuries and bleeding. Upon receiving the report, Lalbagh Police Station, Rajnandgaon district, registered a case against the accused under Crime No. 84/2025, sections 296, 351(3), and 109(1) of the Bharatiya Nyaya Sanhita, 2023, and initiated an investigation and arrested the accused. Hence, the bail application.
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 applicant is alleged to have assaulted the injured with knife on 26.02.2025, the injured was admitted in B.R. Ambedkar Hospital on 27.02.2025, but the query report which has been filed, goes to show that though the injury was grievous and dangerous to life, but is the injury so severe that the injured would not survive. He also submits that the matter has amicable settled between the parties and the complainant has given his affidavit
3 that he has no objection, if the present applicant has been granted bail. The applicant is in jail since 27.02.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the injured was admitted in the hospital on 27.02.2025 and there was penetrative wound found in his stomach, wherein he was given long treatment, thereafter, on 27.04.2025, the Doctor on a query report has submitted that the injury which was found in the abdomen was grievous in nature and dangerous to live, therefore, applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that though the matter has amicably been settled between the parties and the complainant has filed his affidavit, showing that he has no objection, if the present applicant has been granted bail, but considering the weapon of assault i.e. knife used in committing the crime and the injuries sustained by the injured (penetrative wound in the stomach), also considering the query report dated 27.04.2025, wherein doctor has opined that the injury
4 found in the abdomen of the injured is grievous in nature and also dangerous to life, 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. 7.
7. Accordingly, the bail application of applicant-Roshan Lal Sahu, involved in Crime No. 84/2025, registered at Police Station Lalbagh, District - Rajnandgaon (CG) for the offence punishable under Sections 296, 351(3) & 109(1) of BNS, is rejected. 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. Sd/-
(Ramesh Sinha)
Chief Justice Akhil