1 2025:CGHC:32089 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5357 of 2025 Manmohan Sahu S/o Jai Sahu Aged About 18 Years R/o Laripara, Thana Kota, District Bilaspur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through P.S. Kota, District Bilaspur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Hrishikesh Sharma, Advocate. For Respondent(s) : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/07/2025 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. 496/2025 registered at Police Station Kota, District Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 119(1), 326(f), 309(4), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that he First Information Report (FIR) was lodged by the complainant, Aditya Soni, against the applicant/accused under Sections 296, 115(2), 351(2), 119(1), 326(f), 309(4), and 3(5) of the BNS. According to the FIR, on AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 19.05.2025, at around 11:00 A.M., the complainant and his friends, Punni Yadav, Deepak Patel, Pankaj Singh, and Sandeep Yadav, were returning from a court hearing in Kota and were traveling on two motorcycles. At around 6:30 P.M., near the Laripara Arpa bridge, Sandeep Yadav's motorcycle skidded and fell. As Sandeep was trying to lift his motorcycle, the accused, Abhilash Sahu, along with two associates including present applicant, arrived at the scene, abused them with filthy language, and started beating them with fists and a stick that was lying on the road. During the altercation, the complainant sustained injuries to his head, chest, back, and left palm, and his friends were also injured. The accused persons also set the complainant's motorcycle (registration number CG 10 A/2674) on fire, which led to the registration of the aforesaid offence against the applicant. During the investigation, the scene of the crime was inspected, and a panchnama of the damaged motorcycle was prepared. Witness statements were recorded, and the accused Abhilash's memorandum statement was taken. Pursuant to his statement, Rs. 300 and a matchbox were seized from him. The accused was arrested on 24.05.2025. During the investigation, another accused, Manmohan Sahu, was found to be involved in the crime and was arrested on 25.05.2025. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that no seizure of any incriminating article has been made from the possession of the present applicant 3 as the same was made from the co-accused, seizure of Rs. 300 and a matchbox has been made from the co-accused, only on basis of the memorandum statement of the co-accused, present applicant has been made an accused in the case. The applicant is in jail since 25.05.2025, the applicant has no criminal antecedent, charge-sheet has been filed 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. He further submits that the applicant alongwith his associates allegedly abused the complainant and his friends with filthy language, assaulted them with fists and a stick that was lying on the road, as a result of which the complainant sustained injuries to his head, chest, back, and left palm, and his friends were also injured, the accused persons further set the complainant's motorcycle (bearing registration number CG 10 A/2674) on fire, so far as criminal antecedents of the applicant are concerned, applicant has 11 criminal antecedents, out of which, 8 cases are under the IPC and three are Istagashas, therefore, the applicant is not entitled for grant of bail. 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, nature and gravity of offence, period of detention of the applicant since 25.05.2025, prima facie it appears that the applicant alongwith his associates allegedly abused the complainant and his 4 friends with filthy language, assaulted them with fists and a stick that was lying on the road, as a result of which the complainant sustained injuries to his head, chest, back, and left palm, and his friends were also injured, they further alleged to have intentionally set the complainant's motorcycle (bearing registration number CG 10 A/2674) on fire, so far as criminal antecedents of the applicant are concerned, applicant has 11 criminal antecedents, out of which, 8 cases are under the IPC and three are Istagashas, as such, applicant is a habitual offender and 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. Accordingly, the bail application of applicant-Manmohan Sahu involved in Crime No. 496/2025 registered at Police Station Kota, District Bilaspur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 119(1), 326(f), 309(4), 3(5) 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