1 2025:CGHC:32085 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5362 of 2025 Neshanal Das S/o Kapil Das Mahant Aged About 30 Years R/o Dhimrapur, Deendayal Apartment Colony Raigarh, Police Station - City Kotwali, District- Raigarh, C.G. ... Applicant(s) versus State Of Chhattisgarh Through Police Station - City Kotwali, District- Raigarh, C.G. ... Respondent(s) For Applicant(s) : Mr. Chandradeep Prasad, Advocate. For Respondent(s) : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2025 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. 79/2025, registered at Police Station City Kotwali, District- Raigarh (CG) for the offence punishable under Sections 296, 351(2), 115(2), 119(1), 3(5) of Bharatiya AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story in brief, is that the complainant, Abhay Ram Sahu, filed a report on 25.02.2025, alleging that he resides in a rented house belonging to Johnson in Dindayal Colony, Raigarh. On 24.02.2025, at around 4:00 P.M., while he was on his way to the government hospital in Raigarh from his rented house, he was stopped by Pintu and their associates near Faglu Lal Sarthi's shop in Dindayal Colony. They allegedly abused him, demanded to know where he was from, asked to see his Aadhaar card, and demanded money for food and drinks. They also physically assaulted him, hitting him on the head with their fists and twisted his left arm, and threatened to kill him, as a result of which, he sustained injuries, which led to the registration of the alleged offence against the applicant. 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 no any severe injury has been caused to the complainant / injured by the applicant. The applicant is in jail since 11.05.2025 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 applicant alongwith other co-accused persons were 3 alleged to have demanded money for food and drinks from the complainant and on refusal they physically assaulted him, hitting him on the head with their fists and twisted his left arm, they further threatened to kill him, so far as criminal antecedents of the applicant are concerned, applicant has 4 criminal antecedents of identical nature, therefore, he 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, it prima facie appears that the applicant and his associates allegedly demanded money for food and drinks from the complainant and on refusal they physically assaulted him, hitting him on the head with their fists and twisted his left arm, they further threatened to kill him, so far as criminal antecedents of the applicant are concerned, applicant has 4 criminal antecedents of identical nature, as such, the 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 - Neshanal Das involved in Crime No. 79/2025, registered at Police Station City Kotwali, District- Raigarh (CG) for the offence punishable under Sections 296, 351(2), 115(2), 119(1), 3(5) of BNS, is rejected. 4 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded 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