1 2025:CGHC:32702 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5463 of 2025 • Rajesh Kurre S/o Resham Lal Kurre Aged About 37 Years R/o Dighaura, Police Station- Pathariya, District- Mungeli (C.G.) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station- Pathariya, District- Mungeli (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sorabh Kumar Sharma, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/07/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, as he was arrested in connection with Crime No. 77/2025 registered at Police Station – Pathariya, District – Mungeli (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 109(1) of BNS, 2023. 2. The case of the prosecution, in brief, is that the complainant Jambai Kure lodged a written report alleging inter-alia that on VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.22 20:22:36 +0530 2 11.04.2025 at about 3.00 pm, she was at home with her daughter and granddaughter, the applicant/accused Rajesh Kurre came in front of their house and started hurling obscene abuses. When the complainant came out of the house and asked what happened? Why are you abusing? Then the accused got enraged and while threatening to kill her, assaulted her with a stick. Due to the said assault, the complainant sustained injuries to the back of her head on the left side and on her left thigh. She was taken for treatment to Pathariya Hospital and later referred to the District Hospital, Mungeli, where she remained admitted and underwent treatment. On the basis of above report, Police Station Pathariya registered a FIR bearing Crime No. 77/2025 under Sections 296, 115(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 against the applicant/accused and the investigation was initiated. Thereafter, Section 109(1) of the Bharatiya Nyaya Sanhita, 2023 was also added. The applicant/accused was memorandum statement taken into custody, his was recorded and one wooden stick used in the incident was seized. The applicant/accused was arrested on 05-06-2025 and charge-sheet was filed the case is pending before the learned Judicial Magistrate First Class, Mungeli, District Mungeli (C.G.) as Criminal Case No. 2399/2025 for trial. 3. The learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the there is no direct or cogent evidence to 3 suggest that the applicant had any intention to cause serious harm. He also submits that as per the medical report, the doctor opined nothing and the injuries are not-life-threatening and do not attract any stringent punishment under the law, the applicant is in jail since 05.06.2025 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 appearing for the respondent/State opposes the bail application and submits that the allegation levelled against the present applicant is that he assaulted the injured with lathi as a result of which injured received multipal injuries on his head. As per medical report injury received by the injured are grievous in 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. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, particularly considering the fact that applicant assaulted the injured with lathi as a result of which injured received injuries on his head. As per medical report, injury received by the injured are grievous in nature and looking to the conduct of the present applicant, this Court does not find it a fit case to release the applicant on bail. 7. Accordingly, this bail application of applicant – Rajesh Kurre involved in Crime No. 77/2025 registered at Police Station – 4 Pathariya, District – Mungeli (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 109(1) of BNS, 2023 is rejected at this stage. 8. 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 vaishali