Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:43994
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6320 of 2025 Akash Chakradhari S/o Manoj Chakradhari, Aged About 22 Years R/o Ward No. 04, Near Bijli Office, Baradwar, Police Station Baradwar, District Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through The District Magistrate, Sakti, District Sakti (C.G.) ... Respondent For Applicant : Shri Ishwar Jaiswal, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/08/2025
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.133/2025 registered at Police Station Baradwar, District Sakti (C.G.) for the offence punishable under Sections 296, 351 (3), 115 (2), 118 (1) of Bharatiya Nayay Sanhita and Section 25 & 27 of Arms Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.01 19:49:33 +0530
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2. Case of the prosecution, in brief, is that the complainant namely Chhotelal Yadav lodged the report at Police Station Baradwar on 29- 05-2025 with the allegation that the present applicant assaulted the elder brother of complainant by knife near Baradwar Fatak with regard to previous enmity and thereby committed the offences as mentioned above and during the investigation, the applicant has been arrested and thereafter charge sheet has been filed under Section 296, 351 (3), 115 (2), 118 (1) of Bharatiya Nyay Sanhita and Section 25 & 27 of Arms Act. 3. It has been argued by learned counsel for the applicant that in the present case, the applicant is said to have caused injuries by knife in the abdomen of the injured but the injury was found to be simple in nature, but so far as the criminal antecedent of the applicant which is five in number an explanation has been given by filing an affidavit and it is stated that all cases are pending. He would submit that charge sheet has been filed, the applicant is in jail since 29/05/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case. She would submit that the applicant has five criminal antecedents which are pending. 5.
I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the fact that the applicant is said to have caused injuries by knife in the
3 abdomen of the injured but the injury was found to be simple in nature, but so far as the criminal antecedents of the applicant is concerned which is five in number, an explanation has been given by filing an affidavit and it is stated that all cases are pending and from perusal of the antecedents of the applicant, it goes to show that all the cases have been registered against him from 2021 to 2024 and the applicant is an habitual offender, 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 Akash Chakradhari involved in Crime No.133/2025 registered at Police Station Baradwar, District Sakti (C.G.) for the offence punishable under Sections 296, 351 (3), 115 (2), 118 (1) of Bharatiya Nayay Sanhita and Section 25 & 27 of Arms Act, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/-
(Ramesh Sinha)
CHIEF JUSTICE gouri