1 2025:CGHC:37353 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5965 of 2025 Karan Kumar Rathore Son Of Anil Kumar Aged About 28 Years Resident Of Village Gatora, P.S. Masturi District- Bilaspur Chhattisgarh, ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Masturi Bilaspur District- Bilaspur (C.G.) ... Non-applicant(s) For Applicant : Mr. C.R. Sahu, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 464/2024, registered at Police Station Masturi District-Bilaspur (C.G.) for the offence punishable under Section 296, 351(2), 115(2), 109, 3(5) of BNS, 2023. 2. The prosecution story in brief, is that the complainant has made complaint before the concerned police station alleging inter-alia is that on the date of incident i.e. 12.09.2024 the complainant’s KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 brother was returning from Gatora to Bilaspur and at that time, the accused persons have came there and they have stopped him and quarreled dispute with the injured person with regard to key of the motorcycle and thereafter, the accused persons have assaulted the injured person by using filthy language and as result of the same, the injured person received injuries on his head. Based upon the such complaint, concerned police has been registered the case against the applicant and other accused person for the offence under Section 296, 351(2), 115 (2), 109, 3(5) of B.N.S. 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the instant case. He further submits that at the time of incident, the injured person was highly consumed liquor and rashly and negligently manner driving to his motorcycle, due to this, the injured person fell down on the road and received injury on his head himself, but the applicant has neither assaulted injured person upon nor committed any aforesaid offences as alleged by the prosecution against him. He further submits that another accused Ravikant Rathore has been granted bail by this Court vide its order dated 10.07.2025 being M.Cr.C. No. 3426/2025 and on the basis of parity, he be also released on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the applicant along with co-accused assaulted the injured person by stick on his head on account of which the injured person received grievous injuries on his head and as per the MLC report of the injured, goes to show that his partial bone was also fractured. Accordingly, the present applicant is not 3 entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that in the present case charge-sheet has been filed before the competent Court further the applicant along with co-accused assaulted the injured person by stick on his head on account of which the injured person received grievous injuries on his head and as per the MLC report of the injured, goes to show that his partial bone was also fractured, looking to the seriousness of this case and involvement of the applicant, this Court does not find a fit case to release the applicant on bail. 7. Accordingly, the bail application of applicant – Karan Kumar Rathore, involved in Crime No. 464/2024, registered at Police Station Masturi District-Bilaspur (C.G.) for the offence punishable under Section 296, 351(2), 115(2), 109, 3(5) of BNS, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal