1 2025:CGHC:39989 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5975 of 2025 Ali Hasan S/o. Shri Kasim Ali, Aged About 28 Years R/o. Village Sonpur, Police Chowki Basdeyee, Police Station and District - Surajpur (C.G.) ... Applicant versus State of Chhattisgarh Through - The Police Chouki Incharge Basdayee, Police Station Surajpur, District - Surajpur (C.G.) ... Non-Applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate. For Non-Applicant : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08.08.2025 1. Heard Mr. Pushpendra Kumar Patel, learned counsel for the applicant. Also heard, Ms. Smriti Shrivastava, learned Panel Lawyer, appearing for the non-applicant/State. 2. On IA No. 01 of 2025, which is an application for permission to add Section 109 of the Bharatiya Nyaya Sanhita, 2023. 3. For the reasons stated in the application, the same is allowed. 4. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.11 17:12:58 +0530 2 regular bail, as he has been arrested in connection with Crime No.0125/2025, registered at Police Station – Basdayee, Police Station Surajpur, District - Surajpur (C.G.) for the offence punishable under Sections 115(2), 296(b), 351(3) and 109 of Bharatiya Nyaya Sanhita, 2023. 5. As per the prosecution story, in brief, is that the complainant, Momina Begam, lodged a report at Police Chowki Basdeyee on 09.03.2025, stating that the accused assaulted Ameena Begam (the complainant’s sister-in-law), who was sitting in front of the house, by using abusive language and striking her with a stick. It is further alleged that the accused also attempted to assault others who tried to intervene in the matter. As a result, the victim sustained injuries to her nose and eye. Based on the complaint, a zero FIR was initially registered at Police Chowki Basdeyee, and thereafter, Crime No. 125/2025 was registered for the offences punishable under Sections 115(2), 296(B), and 351(3) and 109 of the Bharatiya Nyaya Sanhita, 2023. 6. 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 the applicant is said to have assaulted the injured by the stick on his eye and from the perusal of the injury report of the said injured goes to show there is a fracture in nazal bone and also received injured on his eye and there is a loss of lens. He also submits that the applicant is in jail since 18.04.2025 and the charge-sheet has been submitted and further the trial is likely to take considerable time for its conclusion, therefore, he prays for grant of 3 bail. 7. On the other hand, the learned State Counsel opposes the bail application and submits that a charge sheet has already been filed in the case. She further submits that the CT scan report of the victim reveals serious and grievous injuries, including fractures to the walls of the right bony orbit and maxillary sinuses, involvement of the right zygomatic and nasal bones, as well as deviation of the nasal septum. The eyeball appears distorted, with noted loss of the lens and vitreous body, along with changes in shape and proptosis. Swelling and hematoma have also been observed. These injuries are grievous in nature and indicate a brutal assault causing significant damage to the victim’s facial structure and vision, hence, the present bail application is liable to be rejected. 8. I have heard learned counsel for the parties and perused the documents available on record. 9. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that applicant is said to have assaulted the injured by the stick on his eye and from the perusal of the CT scan report of the victim reveals serious and grievous injuries, including fractures to the walls of the right bony orbit and maxillary sinuses, involvement of the right zygomatic and nasal bones, as well as deviation of the nasal septum, the eyeball appears distorted, with noted loss of the lens and vitreous body, along with changes in shape and proptosis, swelling and hematoma have also been observed, further considering the fact that these injuries are grievous in nature and 4 indicate a brutal assault causing significant damage to the victim’s facial structure and vision, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 10. Accordingly, the bail application of the applicant - Ali Hasan involved in Crime No.0125/2025, registered at Police Station – Basdayee, Police Station Surajpur, District - Surajpur (C.G.) for the offence punishable under Sections 115(2), 296(b), 351(3) and 109 of Bharatiya Nyaya Sanhita, 2023, is rejected at this stage. 11. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 12. 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