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2025 DAILYLAW 2884 (CHH)

SUBAL PRADHAN v. STATE OF CHHATTISGARH

MCRC/307/2025 · 2025-01-14

body2025

Judgment text

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1 2025:CGHC:2292 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 307 of 2025 Subal Pradhan S/o Late Kuber Pradan, Aged About 38 Years, R/o Village Panchdhar P.S. and Tahsil Sariya, District - Sarangarh-Bilaigarh, Chhattisgarh ... Applicants versus State of Chhattisgarh Through Station House OfÏcer, Police P.S. and Tahsil Sariya, District – Sarangarh-Bilaigarh, Chhattisgarh .. Non-Applicant For Applicant : Mr. Ramayan Yadav, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 14.01.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.151/2024, registered at Police Station – Sariya, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 296, 115(2), 351(2) and 118(2) of Bharatiya Nyaya Sanhita, 2023. ( in short ‘BNS’). 2 The case of the prosecution, in brief, is that on 05.10.2024, the applicant/accused went to see Jagyaseni Opera drama being held at PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.15 18:52:36 +0530 2 Panchdhar at 10..30 night and argued with the village volunteer Tejas Pradhan and scrambled/scufÒed with him and when Sadhuram tried to mediate, the applicant/accused as alleged attacked and hit him with sharp vegetable cutting knife causing injuries on his head, forehead, face, beard and chest etc, and during the incident Sadhuram has also received injury on his hips. The applicant was arrested on 06.10.2024 under Crime No. 151/2024 for the alleged commission of offence punishable under Sections 296, 115(2), 351(2) and 118(2) of BNS. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant went to see the drama along with his family and two children and during scufÒing due to heavy rush and controlling the people, his daughter was injured. He further submitted that the applicant has no previous criminal record. The charge-sheet has been filed in this case and the applicant is in jail since 06.10.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. Further, the applicant is said to have caused injuries to the injured, namely, Sadhuram who has suffered an incised wound on his person including on the nose and on the chin, a sharp margin incised wound over scalp (5x1)cm and an incised wound on the left thoracic region which were found to be grievous in nature. Therefore, the applicant is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 3 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant is said to have caused injuries to the injured, namely, Sadhuram who has suffered an incised wound on his person including on the nose and on the chin, a sharp margin incised wound over scalp (5x1)cm and an incised wound on the left thoracic region which were found to be grievous in nature, I am not inclined to allow this application. 7 Accordingly, the bail application of the applicant - Subal Pradhan involved in Crime No.151/2024, registered at Police Station – Sariya, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 296, 115(2), 351(2) and 118(2) of Bharatiya Nyaya Sanhita, 2023 ( in short ‘BNS’), is rejected at this stage. 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 Preeti