Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:33042
NAFR HIGH COURT OF CHHATTISGARH AT BILASPU MCRC No. 5534 of 2025 • Tushar Das Manikpuri S/o Late Rupesh Das Manikpuri Aged About 20 Years R/o Kailash Nagar Near Rajeev Potato Godown Durg Police Station Mohan Nagar Durg Tehsil And District - Durg (C.G.)
... Applicant versus • State Of Chhattisgarh Through Sho Police Station Mohan Nagar District Durg (C.G.)
... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Avinash Chand Sahu, Advocate For Respondent/State : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 15/07/2025
1. This is 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.124/2025 registered at Police Station-Mohan Nagar, District - Durg (C.G.), for the offence punishable under Section 109(1) of BNS.
2. Case of the prosecutrix, in brief, is that on 30.03.2025, at about 03.30 pm, present applicant called the complainant Dhaneshwar VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.22 20:22:39 +0530
2 Thakur for discussion over any matter of dispute and during the conversation quarrel took place between them and he took the complainant to the seventh floor of the under-construction building in Katulboard Durg Saket Colony then present applicant showed a knife to Dhaneshwar and beat him with hands, feast and kicks and thrown Dhaneshwar down from the roof with the intention of killing him, due to which Dhaneshwar suffered serious injuries based on the report of the Complainant Bhanu Thakur, on 30.03.2025 at 11.44 pm, crime number 124/2025 under section 109 (1) of BNS was registered against the present applicant at the Mohan Nagar police station and the matter was taken into investigation. During the investigation, the present applicant was arrested on 31.03.2025. Hence, this bail application.
3.
Learned counsel for the applicant would submits that the applicant has been falsely implicated in this case and he is in jail since
31.03.2025. He would submit that the allegation levelled against the present applicant is said to have pushed the injured from seventh floor but the said allegation appears to be false one, as the injured had running from stairs on account of which, he had fell down and received injuries and x-ray report goes to show that the fracture was found on the feamer bone and surgery was performed on. He would also submits that the conclusion of the trial may take quite long time. Accordingly, he prays for enlarging the applicant on regular bail.
4.
Learned counsel for the State would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He would further submits that there was some quarrel took place between the complainant and applicant and applicant took the complainant to the seventh floor of the under-
3 construction building in Katulboard Durg Saket Colony then present applicant showed a knife to complainant and beat him with hands, feast and kicks and thrown he down from the roof with the intention of killing him, due to which injured suffered serious injuries, the applicant is not entitled to be released on bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the submissions made by learned counsel for the parties, charge-sheet has been filed, looking to the allegation levelled against the applicant is that he pushed the injured from seventh floor as a result he received multipal injuries and x-ray report goes to show that the fracture was found on the feamer bone and he was admitted into the Hospital and surgery was performed on, therefore, I am not inclined to grant regular bail to the applicant.
7. Accordingly, this bail application of applicant – Tushar Das Manikpuri, involved in Crime No.124/2025 registered at Police Station-Mohan Nagar, District - Durg (C.G.), for the offence punishable under Section 109(1) of BNS, is rejected at this stage.
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 vaishali