1 2025:CGHC:46604 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6494 of 2025 Jagsai Sandilya S/o Devsharan Aged About 40 Years R/o Village- Bhudupani (Chachidand), P.S.- Pratappur, District- Surajpur, (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Pratappur, District- Surajpur, (C.G.) ... Non-applicant For Applicant : Mr. D.N. Prajapati, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.09.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 20/2025 registered at Police Station – Pratappur, District – Surajpur (C.G.), for the offence punishable under Sections 296, 351(2), 115(2), 109 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story in brief, on 16/01/2025 at about 13:15 hours, the complainant Mehi Lal lodged a First Information Report at Police Station Pratappur, District – Surajpur (C.G.). It was stated therein that on 16/01/2025 at about 08:30 A.M., the sister-in-law of the complainant, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.12 18:49:38 +0530 2 namely Shanti Ayam, was assaulted by the applicant with the help of a wooden stick, as a result of which she sustained injuries on her head, face, and other parts of the body. The said incident was witnessed by Mohan, Pawan Panika, Rampati Gond, Kotwar, and Nansai. Thereafter, offences under the relevant provisions were registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that in reality, the injured was in a drunken condition, fell on the ground, and sustained some injuries. He further submits that the victim, under the influence of alcohol, abused and threatened to assault the applicant over the issue of throwing stones into the village borewell. Thereafter, the victim fell down and sustained injuries. No assault was ever caused by the applicant. He further submits that the injured was admitted in the Medical College Hospital, Ambikapur, where she remained under treatment for about five days, and after recovery, she was discharged. Therefore, the alleged offences are not made out against the applicant. As per the medical/X-ray (Query Report), the injuries mentioned in the MLC report are on the head and face. The Bed Head Ticket and X-ray confirm that the said injuries are grievous in nature but not dangerous to life. He also submits that the applicant has no criminal antecedents and he is in jail since 20.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the applicant assaulted the victim with a wooden stick on her head and face, due to which she suffered grievous injuries, therefore, the present applicant is not entitled to the grant of regular bail 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary and further the fact that the applicant assaulted the victim with a wooden stick on her head and face, due to which she suffered grievous injuries, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the first bail application of the applicant – Jagsai Sandilya, involved in Crime No. 20/2025 registered at Police Station – Pratappur, District – Surajpur (C.G.), for the offence punishable under Sections 296, 351(2), 115(2), 109 of the Bhartiya Nyaya Sanhita, 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek