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2025 DAILYLAW 36730 (CHH)

RAJA YADAV v. STATE OF CHHATTISGARH

MCRC/6158/2025 · 2025-08-04

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Judgment text

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1 2025:CGHC:38846 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6158 of 2025 Raja Yadav S/o Manoj Yadav Aged About 19 Years R/o Nutan Chowk Sarkanda, Police Station Sarkanda District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Sarkanda District - Bilaspur (C.G.) ... Respondent For Applicant : Shri Rupesh Shrivastava, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/08/2025 1. This is the 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.407/2025 registered at Police Station Sarkanda, Dist. Bilaspur (C.G.) for the offence punishable under GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.11 17:59:12 +0530 2 Sections 118(1), 296, 351(2), 3(5) of Β.N.S. 2. Case of the prosecution, in brief, is that the Complainant Deepak Sahu, lodged a FIR before Police Station Sarkanda stating that, on date of incident 14.03.2025 at bout 16.20 P.M., his elder brother Kamal Sahu was enjoying music and dancing when the applicant, along with co-accused Ajay Kori and Yogesh Yadav, allegedly abused him in filthy language and assaulted him. The applicant is alleged to have attacked Kamal Sahu with a sharp weapon on the back of his waist, while the other accused beat him with hands and fists. On the basis of the report police has registered the crime no. 407/2025 for the alleged offence punishable under section 296, 351(2), 118(1), 3(5) B.N.S. and arrested the both accused on 15.05.2025 and produced before Judicial Magistrate First Class, Bilaspur from there they were sent to the central Jail, Bilaspur. After completion of the investigation final report has been filed against the accused. 3. It has been argued by learned counsel for the applicant that the applicant is said to have assaulted the injured with a knife who received a single injury on his lumber region as it is evident from the MLC report. It is submitted that the injured had a fall on account of which he suffered injury. He would submit that the applicant is in jail since 15/05/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application and would submit that the charge sheet has been filed in this case before the competent court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the medical examination report of the injured which goes to show that he received a stab injury on his lumber region and external examination goes to show that the injury which was stab injury was over lower back left side 4x2x0.5 cm and active bleeding was present, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Raja Yadav involved in Crime No.407/2025 registered at Police Station Sarkanda, Dist. Bilaspur (C.G.) for the offence punishable under Sections 118(1), 296, 351(2), 3(5) of Β.N.S, is 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 gouri