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2025 DAILYLAW 40719 (CHH)

SHUBHAM KARWA v. STATE OF CHHATTISGARH

MCRC/7047/2025 · 2025-09-03

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Judgment text

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1 2025:CGHC:45417 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7047 of 2025 Shubham Karwa S/o Shri Fakeera Karwa Aged About 20 Years R/o B.N.S.U.P. Colony, Amrit Home, Police Station New Rajendra Nagar, Raipur, District Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Telibandha, Raipur, District Raipur (C.G.) ... Non-Applicant(s) For Applicant : Mr. Dashrath Kushwaha, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 04.09.2025 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.338/2025, registered at Police Station – Telibandha, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 118(1), 3(5) of the Bhartiya Nyay Sanhita, 2023 and Section 25 and 27 of the Arms Act. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2 The case of the prosecution, in brief, is that the complainant, Santosh Kumar Rai, lodged a written report at Police Station Telibandha, Raipur, District Raipur, alleging that on 04.06.2025 at about 08:00 p.m., he went to VIP Chowk along with his friend, Salman Kumar Dahariya. At that time, some unknown boys assaulted them with fists, kicks and a knife, as a result of which the complainant sustained cut injuries on his leg. Thereafter, the unknown boys fled from the spot. 3 Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that there is no direct allegation against the present applicant, only vague allegation against him. He further submits that looking to the material available on records, prima facie case is not made out against the present applicant and in the present case, charge-sheet has been filed and the applicant has only one criminal antecedent and the applicant has been implicated in the said crime only on the basis of the memorandum and he is in jail since 08.06.2025 and the other co-accused has been granted bail and the conclusion of the trial is likely to take some time, therefore, he prays for grant of bail to the applicant. 4 On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the applicant is alleged to have caused injuries to the victim with a knife, which stuck his thigh, resulting in a fracture as reflected in the medical report. Accordingly, the applicant is not entitled to the grant of bail. 3 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 in the present case, charge-sheet has been filed before the competent Court further, it transpires that the applicant is alleged to have caused injuries to the victim with a knife, which stuck his thigh, resulting in a fracture as reflected in the medical report as such, this Court is of the view that it is not a fit case to release the applicant on bail. 7 Accordingly, the bail application of the applicant – Shubham Karwa, involved in Crime No.338/2025, registered at Police Station – Telibandha, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 118(1), 3(5) of the Bhartiya Nyay Sanhita, 2023 and Section 25 and 27 of the Arms Act, 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 Kunal