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2025 DAILYLAW 38085 (CHH)

YOGESH YADAV v. STATE OF CHHATTISGARH

MCRC/6051/2025 · 2025-07-31

body2025

Judgment text

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1 2025:CGHC:37913 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6051 of 2025 Yogesh Yadav S/o Raju Yadav Aged About 21 Years R/o Adarsh Para, Ravabhath, Police Station Khamtarai, District - Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Khamtarai, District – Raipur (C.G.) ---- Non-applicant For Applicant : Mr. C.R. Sahu, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.08.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 452/2025 registered at Police Station – Khamtarai, District – Raipur (C.G.) for the offence punishable under Sections 296, 118(1), 118(2), 119(1), 119(2) and 126(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Case of the prosecution, in brief, is that on 17.05.2025 the complainant Laxmi Sahu lodged a report before Police Station Khamtari, District Raipur (C.G.), alleging that her husband after RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 leaving the Sipped and was returning back to his house at that the neighbor one Yogesh was demanding the money for taking the liquor and her husband Girdhar Sahu deny to give money thereafter applicant started abusive language in the name of mother and sister and committed marpit with sharp weapon thereby the husband of complainant sustained injuries in his left abdomen, one Kameshwar Sahu called to 112 and her husband was taken in Mekahara Hospital for his treatment, wherein the concerned Police registered the crime on the basis of complainant and thereafter the offence was registered against the applicant. Hence, this application. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has been submitted in this case. The applicant is in jail since 18.05.2025, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that from the perusal of the case-diary it transpires that in the present case the allegation levelled are that the applicant has demanded money from the injured for purchasing liquor and when the injured denied his request, the applicant assaulted the injured with a sharp edged weapon on his abdomen, due to which he has sustained injuries and admitted in the Hospital. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case and also considering the fact that the charge-sheet has been filed in the present case, and from the perusal of the case-diary it transpires that in the present case the allegation levelled are that the applicant has demanded money from the injured for purchasing liquor and when the injured denied his request, the applicant assaulted the injured with a sharp edged weapon on his abdomen, due to which he has sustained injuries and admitted in the Hospital, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this first bail application of applicant – Yogesh Yadav involved in Crime No. 452/2025 registered at Police Station – Khamtarai, District – Raipur (C.G.) for the offence punishable under Sections 296, 118(1), 118(2), 119(1), 119(2) and 126(2) of the BNS, is rejected at this stage. 8. Needless to say that the learned trial Court is at liberty to proceed with the trial and conclude the same, 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 Rajshekhar