1 2025:CGHC:31621 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4974 of 2025 Vikas Kshatriy @ Pintu S/o Bala Ram Kshatriy Aged About 22 Years R/o Shanti Nagar, Near Durga Manch, P.S. Mohan Nagar, District Durg, C.G. ... Applicant versus State of Chhattisgarh through, S.H.O Mohan Nagar District Durg, (C.G.) … Respondent For the applicant : Mr. Vidya Bhushan Sopni and Mr. Sudhanshu Kumar Singh, Advocates For the State : Ms. Priya Sharma, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 09.07.2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 534 of 2024 registered at Police Station Mohan Nagar, District Durg (CG) for the offences under Sections 103(1) & 109(1) of the BNS. 2. The prosecution case is that the complainant Jitendra Soni lodged a report that on 26.10.2024 at about 2.30 p.m., he was going A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.11 10:26:49 +0530 2 to the mobile shop with one Parmeshwar Nirmalkar @ Tobu (since deceased) on his motorcycle. Accused-Applicant Vikas @ Pintu was already sitting near Maa Parmeshwari mobile shop and on seeing them started abusing them. Then the complainant stopped his vehicle and went to the applicant where certain altercation took place between complainant and applicant, on which, applicant became fury and took out a knife and attacked him with the intention of killing him, due to which, he suffered injury in his right side stomach. After getting injured, complainant sat down holding the injury. At the same time, Applicant had stabbed Parmeshwar Nirmalkar @ Tobu in his stomach and fled from scene. Thereafter, both the injured were taken to the District Hospital, where they were treated and during treatment, Parmeshwar Nirmalkar has died. 3. Learned counsel for the applicant submits that there was enmity between the applicant and initially the quarrel was picked by the complainant by abusing and threatening the applicant, on which a scuffle took place. He submits that till date out of 34 witnesses, only 3 have been examined, the applicant is in jail since 19.11.2024 and there is no immediate possibility of disposal of the case, therefore, the applicant may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that there was eye-witness to the incident and knife used in the offence has been recovered from the applicant. He further submits that the applicant has criminal antecedents as earlier 3 3 cases were already registered against him (2 relating to robbery and 1 u/s 327 IPC). 5. Having considered the submissions made by learned counsel for the parties and the gravity of offence, I am not inclined to release him on regular bail. Accordingly, the bail application is rejected. 6. However, looking to the custody period of the applicant, the trial Court is directed to expedite the trial and ensure that the trial is completed as early as possible. Sd/- (Sanjay Kumar Jaiswal) Judge Rao