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2025 DAILYLAW 40426 (CHH)

UTTAM @ GODRO v. STATE OF CHHATTISGARH

MCRC/6562/2025 · 2025-08-19

body2025

Judgment text

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1 2025:CGHC:42055 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6562 of 2025 Uttam @ Godro S/o Mehatter Bariha Aged About 40 Years R/o Village Beltikri, Police Station Basna Chowki-Bhawarpur, District Mahasamund, Chhattisgarh. … Applicant versus State of Chhattisgarh Through - Police Station - Bhawarpur Chowki, Basna, District - Mahasamund, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Hemant Kesharwani, Advocate. For Non-Applicant/State : Mr. Vaishali Mahilong, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.08.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.43/2025, registered at Police Station – Bhawarpur Chowki, Basna, District - Mahasamund (C.G.) for the offence punishable under Sections 331(4), 333, 118(1) of Bharatiya Nyaya Sanhita Act, 2023 and Sections 25 and 27 Arms Act. (as per charge-sheet). PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.22 14:45:01 +0530 2 2 As per the prosecution story, in brief, on 21.01.2025 the Ratna Bai Choudhary lodged written report against the unknown person, it is alleged that on dated 21.01.2025 at about 02:00 AM unknown person entered her house with intention to theft, they where awake, they show that the unknown person entered her house covered his face and having knife, all of sudden the unknown person assaulted to husband Khemraj and daughter Divya by knife, they have receive grievous injury, thereafter the unknown person fled away from the house. The matter was reported on same day wherein the Police Station registered the crime against the unknown person in Crime No. 43/2025 3 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 FIR has been registered against the unknown person. He further submits that the applicant has no previous criminal antecedents and the charge-sheet has been filed. It is also submitted that the applicant is in since 14.05.2025, and the trial is likely to take considerable time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State Counsel opposed the bail application and submitted that the charge-sheet has already been filed in the present case. It is further submitted that the applicant is alleged to have caused injuries to two individuals. As per the Medico-Legal Certificate (MLC) of the injured, Khemraj Choudhary, he sustained two lacerated wounds one on the lumbar region and another on the buttock/genital region. Additionally, the other injured 3 person, Divya Choudhary, who is the daughter of the injured Khemraj Choudhary, also suffered a lacerated wound on her left shoulder. Further, the injuries are found to be grievous in nature as per the query report. In view of the nature of the offence, the seriousness of the injuries inflicted, and the gravity of the allegations against the applicant, the learned State Counsel prays that the present bail application be rejected. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant is alleged to have caused injuries to two individuals, further as per the Medico-Legal Certificate (MLC) of the injured, Khemraj Choudhary, he sustained two lacerated wounds one on the lumbar region and another on the buttock/genital region, Additionally, the other injured person, Divya Choudhary, who is the daughter of the injured Khemraj Choudhary, also suffered a lacerated wound on her left shoulder, also considering the fact that the injuries are found to be grievous in nature and also dangerous to life as per the query report, in view of the nature of the offence, the seriousness of the injuries inflicted, and the gravity of the allegations against the applicant, 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 the applicant - Uttam @ Godro involved in Crime No.43/2025, registered at Police Station – Bhawarpur Chowki, Basna, District - Mahasamund (C.G.) for the 4 offence punishable under Sections 331(4), 333, 118(1) of Bharatiya Nyaya Sanhita Act, 2023 and Sections 25 and 27 Arms Act. (as per charge-sheet), is rejected at this stage. 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 Preeti