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2025 DAILYLAW 30848 (CHH)

AKASH PANDEY @ MAHENDRA v. STATE OF CHHATTISGARH

MCRC/4966/2025 · 2025-06-26

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Judgment text

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1 2025:CGHC:28796 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4966 of 2025 Akash Pandey @ Mahendra S/o Shri Santosh Pandey Aged About 24 Years R/o Jorapara, Raipura, Behind Police Station, Police Station D.D. Nagar, Raipur, District Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Amanaka, Raipur Chhattisgarh ... Non-Applicant For Applicant : Mr. Rakesh Kumar, Advocate. For Non-Applicant/State : Mr. Nitansh Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.06.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 208/2024 registered at Police Station – Amanaka, Raipur, District – Raipur (C.G.), for the offence punishable under Sections 294, 307, 34 of the Indian Penal Code. 2. According to the prosecution's story, it is alleged that on 03.05.2024, with the intention to commit murder, the applicant ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.06.28 16:17:59 +0530 2 stabbed the injured person in the stomach with a knife and fled the scene along with other accused persons. 3. Learned counsel for the applicant would submit that the present applicant is innocent person and has been falsely implicated in this case. He submits that as per the material collected by the prosecution, the prima facie case is not made out against the present applicant. He further submits that the applicant is permanent resident of above mentioned in cause title. He also submits that the present applicant is in jail since 04.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the bail of other co-accused persons, namely, Vishwant Yadav in MCRC No. 2645 of 2025 has already been rejected by this Court, vide order dated 04.04.2025, therefore, the bail application of the present applicant is also entitled to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and the fact that present applicant assaulted the complainant by knife, due to which the injured suffered grievous injuries, moreover, the fact that the bail of other co-accused persons, namely, Vishwant Yadav in MCRC No. 2645 of 2025 has already been rejected by this Court, vide order dated 04.04.2025, therefore, this Court is of the opinion 3 that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicant – Akash Pandey @ Mahendra, filed under Section 483 of the BNSS, involved in Crime No. 208/2024 registered at Police Station – Amanaka, Raipur, District – Raipur (C.G.), for the offence punishable under Sections 294, 307, 34 of the Indian Penal Code, 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek