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2025 DAILYLAW 40342 (CHH)

KHOMAN LAL GENDRE v. STATE OF CHHATTISGARH

MCRC/6852/2025 · 2025-08-28

body2025

Judgment text

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1 2025:CGHC:44017 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6852 of 2025 Khoman Lal Gendre Son Of Suresh Gendre Aged About 19 Years Resident Of Satnamipara, Barauda.P.S. Vidhansabha,district- Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station, Vidhansabha, Raipur, District- Raipur (C.G.) ... Respondent For Applicant : Mr. Rekhraj Baghel, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 29.08.2025 1. The applicant has preferred this First Bail Application under Section 483 of the B.N.S.S. in connection with Crime No. 292/2025, registered at Police Station - Vidhansabha, District – Raipur (C.G.) for the offence punishable under Sections 109, 296, 191(2) 191(3) of BNS and Section 25 and Section 27 of the Arms Act. 2. The case of the prosecution is in a nutshell that the complainant has made complaint to the concerned police station alleging that at the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.02 10:48:38 +0530 2 time of incident, there was simple dispute in between both parties with regard to previous enmity and thereafter, the accused person have committed marpeet with injured person. Based upon such complaint, the police station has registered the offence under section 109, 296, 191(2), 191 (3), of Bharatiya Nyay Sanhita and section 25 and 27 of Arms Act against the applicant. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that there were five accused persons, including the applicant, who assaulted the injured with hands and fists. It is stated that three of the co-accused have already been granted bail by the trial Court. As far as the applicant and co-accused Lakan Miri are concerned, it is alleged that they assaulted the injured, Roshan Yadav, with a knife. The injured received as many as 15 injuries on his person; however, the injuries sustained are stated to be smaller in dimension. It is further argued that the charge-sheet has already been submitted and the applicant has been in jail since 14.06.2025. Moreover, the injured has given no objection before the trial Court regarding the grant of bail to the applicant. Therefore, the applicant prays for grant of regular bail. 4. On the other hand, the learned State Counsel appearing for the State/non-applicant opposes the bail application and submits that the present applicant, along with the co-accused, assaulted the injured with a knife. It is submitted that as many as 15 injuries were found on various parts of the body, including vital parts, and that the injured remained admitted in the hospital for about 11 days. Hence, the 3 applicant is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, the material available in the case diary, and the fact that the present applicant, along with the co-accused, assaulted the injured with a knife, causing as many as 15 injuries on various parts of the body, including vital parts, and further that the injured remained admitted in the hospital for about 11 days and the injuries were found to be grievous in nature and dangerous to life, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Therefore, the bail application filed by the applicant/accused – Khoman Lal Gendre involved in Crime No. 292/2025, registered at Police Station - Vidhansabha, District – Raipur (C.G.) for the offence punishable under Sections 109, 296, 191(2) 191(3) of BNS and Section 25 and Section 27 of the Arms Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav