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2025 DAILYLAW 42336 (CHH)

HEMRAJ SAHU v. STATE OF CHHATTISGARH

MCRC/7067/2025 · 2025-09-24

body2025

Judgment text

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1 2025:CGHC:49234 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7067 of 2025 Hemraj Sahu S/o Rambharos Sahu Aged About 30 Years R/o Thana Simga, District Balodabazar, At Present Address Jhanda Chowk, Birgaon, P.S. Urla, Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Khamtarai, District : Raipur, Chhattisgarh ... Respondent For Applicant : None. For Respondent/State : Ms. Vaishali Mahilong, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25/09/2025 1. None appears nor any representation is made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since 12/07/2025. Hence, the Court proceeds to consider and hear the GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.26 11:17:15 +0530 2 bail application of the applicant with the assistance of the State counsel. 3. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 762/2025 registered at Police Station Khamtarai, District Raipur (C.G.) for the offence punishable under Sections 296, 351 (2), 115(2), 118(2), 3(5) of B.N.S. 4. Case of the prosecution, in brief, is that the complainant has given information to the concerned police station that on the date of incident, there was some dispute arose between the injured person and accused persons with regarding demanding borrower amount and thereafter, the accused persons have committed marpeet with the injured person by hand and fist and also using filthy language and threatened to commit murder. Based upon the such complaint, the police has registered the offence under section 296, 351(2), 115(2), 118(2), 3(5) of B.N.S. against the accused persons and only on the basis of merely suspicious and memorandum of statement of the accused persons the police has registered FIR against the applicant. 5. Learned State counsel opposes the bail application. She would submit that the applicant is said to have caused injuries by knife to the injured who has suffered injuries on the left side of his abdomen and thereafter he was given medical treatment at 3 Government District Hospital, Raipur and the wound was stitched by the doctor, therefore the applicant is not entitled to be released on bail. 6. I have perused the case diary. 7. Considering the facts and circumstances of the case, considering the nature of allegation levelled against the applicant that the applicant is said to have caused injuries by knife to the injured who has suffered injuries on left side of his abdomen and thereafter he was given medical treatment at Government District Hospital, Raipur and the wound was stitched by the doctor, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of applicant Hemraj Sahu involved in Crime No. 762/2025 registered at Police Station Khamtarai, District Raipur (C.G.) for the offence punishable under Sections 296, 351 (2), 115(2), 118(2), 3(5) of B.N.S., is rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri