1 2025:CGHC:33816 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5119 of 2025 1 - Chandan S/o Vyas Kumar Aged About 18 Years, 2 - Surendra Bag S/o Pardeshi Aged About 20 Years, Both R/o Milan Chowk, Joratarai, Police Station Utai, Tahsil And District Durg (C.G.) --- Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Utai, District Durg (C.G.) --- Respondent MCRC No. 5220 of 2025 Himanshu Kurre S/o Teej Ram Kurre Aged About 19 Years R/o Near Joratarai Milan Chowk, Police Station Utai, District Durg, Chhattisgarh. ---Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Utai, District Durg, Chhattisgarh. --- Respondent GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.21 16:57:04 +0530 2 For Applicants : Shri Syed Afaque Hussain Rizvi and Shri Rahil Arun Kochar, Advocates. For Respondent/State : Shri Bharat Gulbani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/07/2025 1. Both these bail applications are decided by this common order as they are arising out of the same crime number. 2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No.180/2025 registered at Police Station Utai, District Durg (C.G.) for the offence punishable under Sections 109, 118(1), 332(B), 3(5) of BNS and Section 25, 27 of Arms Act. 3. Case of the prosecution, in brief, is that on 11.05.2025 first information report was lodged by complainant namely Ranjeet Singh that on 02:20 PM accused namely Chandan Kumar Oriya, Surendra Bag, Kunal Oriya when the complainant was at his house, accused Surendra Bag was abusing with someone and was creating nuisance upon intervention complainant asked to stop abusing and thereafter applicants Surendra Bag and Chandan assaulted the complainant from knife, the wife of the complainant intervene. Subsequently applicants Surendra Bag, Chandan and Himanshu Kurre came to house and assaulted from hand fist and stick. Then an FIR was lodged by Crime No. 180/2025 Police Station Utai District Durg, under Section 109, 118(1), 332(B), 3(5) of BNS and Section 25, 27 of Arms Act. 3 Hence this bail application. 4. Learned counsels for the applicants submits that the applicants are said to have been involved in the present incident and the applicants Chandan as well as Surendra Bag are said to have been armed with knife whereas the co-applicant Himanshu Kurre is said to have been armed with blunt object. It is submitted that the injury received by the injured of the sharp edge weapon and of the hard blunt object though one stab wound and ribs have been found fractured of the injured. It is stated that the cross FIR has been lodged and the complainant party is also injured and the applicants Chandan and Surendra Bag are in jail since 11/05/2025 and applicant Himanshu Kurre is in jail since 12/05/2025, charge sheet has been submitted and conclusion of trial will take some time, therefore, they pray for grant of bail to the applicants. 5. On the other hand, learned State Counsel opposes the bail application and submitted that the applicants Chandan and Surendra Bag in MCRC No. 5119 of 2025 who were armed with knife have first assaulted the injured who had caught hold the knife with his hand and his thumb was found to be fractured, thereafter he was also stabbed on the back of the head and he suffered injuries, the applicant Himanshu Kurre in MCRC No. 5220 of 2025 is said to have assaulted the injured with blunt object and the ribs were found to be fractured. Hence the applicants are not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, nature and 4 gravity of offence, considering the fact that the applicants Chandan and Surendra Bag in MCRC No. 5119 of 2025 who were armed with knife have first assaulted the injured who had caught hold the knife with his hand and his thumb was found to be fractured, thereafter he was also stabbed on the back of the head and he suffered injuries, the applicant Himanshu Kurre in MCRC No. 5220 of 2025 is said to have assaulted the injured with blunt object and the ribs were found to be fractured, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 8. Accordingly, both the bail applications i.e. MCRC No. 5119 of 2025 of applicants Chandan and Surendra Bag and MCRC No. 5220 of 2025 of applicant Himanshu Kurre involved in Crime No.180/2025 registered at Police Station Utai, District Durg (C.G.) for the offence punishable under Sections 109, 118(1), 332(B), 3(5) of BNS and Section 25, 27 of Arms Act, are rejected. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri