1 2025:CGHC:35226 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5706 of 2025 Deepak Prajapati S/o Jagdish Prajapati Aged About 26 Years R/o Village Mahuadih Beldegi Police Station Bagicha, District : Jashpur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Bagicha, District : Jashpur, Chhattisgarh ... Respondent For Applicant : Mr. Aditya Dhar Diwan, Advocate. For Non- applicant/State : Mrs. Subha Shrivastava, Panel lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 22.07.2025 1. The applicant has preferred this application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Bail, apprehending his arrest in connection with Crime No. 188/2024, registered at Police Station – Bagicha, District Jashpur (C.G.) for the alleged commission of offence ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.07.24 18:15:04 +0530 2 punishable under Section 109 of the Bhartiya Nyaya Sanhita, 2023. 2. The story in brief is such that on 15.10.2024, an FIR was registered by Banas Prajapati stating therein that Deepak Prajapati/applicant holding an iron rod in his hand emerged from his residence and while doing so, he verbally abused and proceeded to physically assault one Kuldeep with an iron rod. It was alleged that the applicant attacked the said person with the iron rod on his head, forehead and cheeks with a purported intention to cause death of the person. After assaulting, the applicant ran away from the spot. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The applicant has no previous criminal antecedent. He submits that out of the 14 prosecution witnesses only three have been examined yet, the list of witnesses presented by the prosecution is large in number and the applicant has been in custody since 15.10.2024, considering the pace at which the trial is progressing it is evident that the same will take considerable time to conclude. Moreover he stated that the trial is in progress and PW-03/Sant Ram statement has been 3 recorded where he has failed to identify the real accused and it was also stated by him that though the applicant has assaulted the injured, but he was of unsound mind, hence he prays for enlarging the applicant on bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the present applicant is involved in the case, 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 facts of the case, nature of offence, submissions of counsel for the parties, the fact that material available in case diary shows that the applicant have assaulted the injured/victim person on the date of alleged incident, due to which, he received several fractures which is evident from the 3D CT Scan of the face and abnormality in brain, which is serious in nature, further considering that though the PW- 03/Sant Ram has stated in his evidence that applicant was of unsound mind, but could not placed any medical document in 4 this regard, hence, I am not inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant –Deepak Prajapati, involved in Crime No.188/2024, registered at Police Station – Bagicha, District Jashpur (C.G.) for the alleged commission of offence punishable under Section 109 of the Bhartiya Nyaya Sanhita, 2023, stands rejected. 8. Office is directed to send a certified copy of this order to the trial court concerned for necessary information. sd/- (Ramesh Sinha) Chief Justice Alfiza