1 2025:CGHC:48792 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6685 of 2025 • Eshan Giri @ Nanhu Giri S/o Mahendra Giri Goswami Aged About 18 Years R/o Behind Rest House, Sitamarhi, Adarsh Mohalla, Korba, District- Korba, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through - Police Station- Kotwali, District- Korba, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Mirza Kaisher Beg, Advocate For Respondent/State : Mr. Amit Verma, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 23.09.2025 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.767/2024 registered at Police Station – Kotwali Korba, District – Korba (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 3(5), 118(2) of the BNS, 2023. 2. Case of the prosecution, in brief, is that a First Information VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.24 16:56:31 +0530 2 Report has been lodged under Crime No.767/ 2024 by Police St.: Kotwali Korba, District: Korba, Chhattisgarh for the offences punishable u/s alleged offences punishable under 296, 351 (2), 115 (2), 3 (5), 118 (2) of the Bharatiya Nyaya Samhita, 2023 wherein it is alleged that, this applicant and other co-accused persons (one of whom; Parmeshwar Giri is his brother & Mahendra Giri is his father) at about 8.30 PM in the night on 31.12.2024 came to the complainant; Rakesh Sarathi and started hurling abusive words and on protest they started beating him with feast & foot. And the applicant herein has cut off his right ear by biting the same. In fact, the applicant who is an innocent young weak boy, on the unfortunate day was being brutally mauled by the complainant; Rakesh Sarathi and his family members and he was saved by his family members. Local residents intervened and matter was resolved therefore; the applicant and his family members didn't make any complaint to Police and they were living peacefully thereafter. But after almost 3 - 4 months suddenly the Police started action in the matter thereafter applicant and his family members and co-accused Satish Sahu has been arrested. Hence this bail application. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that on the date of incident there was some quarrel took place between the parties as a result applicant has cut off the right ear of the injured by biting the same. He also submits 3 that the present applicant is in jail since 15.07.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel, opposes the bail application and submits that applicant has cut off the right ear of the injured by biting the same, therefore, he is not entitled for grant of regular bail. Thus, the bail application deserves to be rejected. 5. I have heard learned counsel 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 considering the fact that applicant has cut off the right ear of the injured by biting the same, looking to injuries sustained by the injured, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, this bail application of applicant –Eshan Giri @ Nanhu Giri, involved in Crime No.767/2024 registered at Police Station – Kotwali Korba, District – Korba (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 3(5), 118(2) of the BNS, 2023 is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 4 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-d/- (Ramesh Sinha) Chief Justice vaishali