1 2025:CGHC:44691 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1327 of 2025 Kishore Kumar Sonkar S/o Devnath Sonkar, Aged About 36 Years R/o Bajrang Chowk, Purai Basti, Ward No. 01, Kumhari, Police Station Kumhari, District Durg, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Thana Kumhari, District Durg, Chhattisgarh ... Respondent For Applicant : Shri Chandresh Shrivastava, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 02/09/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.153/2025, registered at Police Station Kumhari, District- Durg (C.G.) for alleged commission of offence punishable under Sections 296, 351(3), 109, 3(5) of B.N.S.S. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.03 18:00:57 +0530 2 2. Case of the prosecution, in brief, is that complainant lodged a FIR stating that on 09.08.2025 at about 9 P.M. Lokesh Sahu called the complainant Hemant Rai and informed him that he, along with Gaurav Tiwari, had gone to talk to Akash in order to resolve an old dispute, at Bajrang Chowk, in front of the old Hatri temple at Kumhari, where Akash's friends Ramanarayan Dhruv alias Naru, Harsh Sonkar alias Jimmy and Kaushal Sonkar was abusing Gaurav Tiwari with obscene words referring to his mother and sister and was beating him and assaulting him with fists, kicks, and blows with the intention to kill him. Furthermore, with the intent to kill Gaurav Tiwari, Ramanarayan Dhruv alias Naru attacked him forcefully on the stomach with a knife, causing him severe injuries. Due to this, he was taken to the Government Hospital, Kumhari, for treatment. Thereafter the Hemant Rai reported the incident to the Police Authorities on the same day and accordingly crime was registered under the aforementioned sections. 3. It has been argued by learned counsel for the applicant that as per the FIR it is apparent that the applicant had tried to save the injured Gaurav Tiwari but in the statement of the Gaurav Tiwari recorded under Section 32 of the Bharatiya Sakshya Adhiniyam, he has assigned the role of causing injuries to him by one Kaushal Sonkar, Jimmy Sonkar & Nadu whereas in para 5 of the said statement, he has also stated the participation of the applicant in the present case. He would submit that the applicant has been falsely implicated in this case due to previous enmity and neighborhood rivalry and there is no likelihood of his absconding or tampering with the prosecution evidence, therefore he prays to enlarge the applicant on anticipatory bail. 3 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and she would submit that the injured has suffered injury on the intestine which was grievous in nature. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the fact that injured has suffered injuries on the intestine which was grievous in nature and also considering the statement made by the injured Gaurav Tiwari regarding the participation of the applicant in the present case and the fact that investigation is still going on, therefore I am not inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the anticipatory bail application of the applicant - Kishore Kumar Sonkar, involved in Crime No.153/2025, registered at Police Station Kumhari, District- Durg (C.G.) for alleged commission of offence punishable under Sections 296, 351(3), 109, 3(5) of B.N.S.S. is rejected. Sd/-Sd S Sd/-d (Ramesh Sinha) Chief Justice gouri