1 2025:CGHC:36231 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5854 of 2025 • Pahru Markande S/o Dayalu Markande Aged About 25 Years R/o Village Kekrajbod, Outpost Jalbandha Tahsil Khairagarh, District K.C.G., Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through The Police Station- Khairagarh, District K.C.G., Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Siddharh Pandey, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/07/2025 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. 503/2024 registered at Police Station – Khairagarh, Police Outpost – Jalbandha (C.G.) District – K.C.G., C.G. for the offence punishable under Section 109(1) r/w 3(5) of BNS. 2. The case of the prosecution, in brief is that, As per the prosecution story, on 23.12.2024 at about 2:35 PM, the complainant/Teejan Chandel lodged a written intimation with the Police Station stating that she along with her daughter Santoshi Chandel and her son Jageshwar Chandel went to watch the Mandai program in their VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.29 17:39:44 +0530 2 village, where on the night of 24.12.2024 approximately around 3:00 A.M., two individuals of the village i.e. the applicant Kuldeep alias Pahru and co-accused Devvrat Markande entered into a quarrel with Jageshwar Chandel and during the fight, the applicant Kuldeep alias Pahru stabbed Jageshwar Chandel three times in the stomach with a knife. The co-accused Devvrat allegedly also assaulted Jageshwar with a stick. Due to this, Jageshwar sustained serious to his stomach. Teejan Bai and her daughter Santoshi witnessed the incident along with several other people from the neighbourhood. On the basis of the aforesaid, an FIR was registered for the offence punishable under Section 109(1) read with 3(5) of BNS against the applicant and the co-accused Devvrat. 3. The learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the present applicant is a main accused in this case, he stabbed Jageshwar Chandel/injured three times in the stomach with a knife and the injured has suffered three incised wound on his stomach. He further submits that the other co-accused namely Dayaluram Markande has already been granted bail by this Court in MCRC No.3073 of 2025 vide order dated 23.04.2025. Another co-accused Rahul Kurre has also been granted regular bail in MCRC No.3767 of 2025 vide order dated 20.05.2025 by this Hon’ble Court and co- accused namely Devvrat Markandey has been granted regular bail in MCRC No.4306 of 2025 vide order dated 30.06.2025. The applicant is in jail since 25.12.2024 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 Panel Lawyer opposes the prayer for grant of bail and submits that in the present case, charge-sheet has been 3 filed before the competent Court, further according to the medical report, the injured sustained grievous abdominal injuries caused by sharp weapons and sticks and during the investigation, statements were recorded from the injured, Jageshwar Chandel, and eyewitnesses Kamlesh Banjare and Harsh Chandel. They stated that the other co-accused, Dayalu Markande, caught hold the injured while other accused persons assaulted him. This indicates the applicant's direct involvement in the crime, which is of a serious nature. Hence, the present applicant 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, according to the medical report, the injured sustained grievous abdominal injuries caused by sharp weapons and sticks and during the investigation, statements were recorded from the injured, Jageshwar Chandel, and eyewitnesses Kamlesh Banjare and Harsh Chandel, they stated that the other co- accused namely Dayalu Markande, caught hold the injured while the applicant assaulted him with sharp edged weapon in his abdomen and he suffered injuries which was found to be grievous in nature and dangerous to life, this Court does not find it a fit case to release the applicant on bail. 7. 7. Accordingly, this bail application of applicant – Pahru Markande involved in Crime No. 503/2024 registered at Police Station – Khairagarh, Police Outpost – Jalbandha (C.G.) District – K.C.G., C.G. for the offence punishable under Section 109(1) r/w 3(5) of BNS, is rejected at this stage. 4 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