1 2025:CGHC:37934 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6035 of 2025 Pradeep Kumar @ Dipu Kenwat S/o Gopal Das Aged About 30 Years R/o Bandhi, P.S. Pendra, District Gourela-Pendra-Marwahi, C.G. ... Applicant versus State of Chhattisgarh Through The Station House Officer Police Station Pendra District- Gourela-Pendra-Marwahi, C.G. ... Non-Applicant For Applicant : Mr. Aman Sharma, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 01.08.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.161/2025, registered at Police Station – Pendra District- Gourela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 118(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2 As per the prosecution story, in brief, the present case has been lodged due to a land dispute between the applicant/accused and the complainants. It is alleged that the complainants have falsely implicated PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.02 11:28:28 +0530 2 the applicant by lodging a fabricated report at Police Station Pendra and have deliberately ensured registration of the case under serious sections. The dispute arose out of an intention on the part of the complainants to take possession of the applicant’s land, which led to an altercation between the parties. Hence, this anticipatory bail application has been filed. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits that although the applicant is alleged to have caused injuries to the injured, namely Rakesh Tiwari, by a tangia on his membral region, the charge-sheet has already been filed. It is also submitted that the applicant has two previous criminal antecedents one is under the IPC and another case is related to Istgasha. It is also submitted that the applicant has been in judicial custody since 11.07.2025, and the trial is likely to take considerable time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State Counsel opposed the bail application and submitted that the charge-sheet has already been filed. He further submitted that the applicant had assaulted the injured by a tangia and as per the MLC report, a fracture has been found in the mandibular bone of the injured, which is noted to be of grievous in nature. It is also submitted that during the course of investigation, an offence under Section 118(2) of the Bharatiya Nyaya Sanhita has been added. Hence, the present bail application is liable to be dismissed. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant had assaulted the injured by a tangia and as per the MLC 3 report, a fracture has been found in the mandibular bone of the injured, which is noted to be of grievous in nature, further, during the course of investigation, an offence under Section 118(2) of the Bharatiya Nyaya Sanhita has been added, as such, 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 the applicant - Pradeep Kumar @ Dipu Kenwat involved in Crime No.161/2025, registered at Police Station – Pendra District- Gourela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 118(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, 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 Preeti