1 2025:CGHC:4746 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7884 of 2024 Ritesh Sahu S/o Dhani Sahu Aged About 25 Years R/o Near Dipupara Pond Tarbahar, Police Station Tarbahar, District Bilaspur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Tarbahar, District – Bilaspur, Chhattisgarh. …. Non-applicant For Applicant : Mr. Rishabh Bisen, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27.01.2025 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 applicants arrested in connection with Crime No. 323/2024 registered at Police Station – Tarbahar, District – Bilaspur (C.G.) for the offence punishable under Sections 115(2), 396, 3(5), 351(2) and 109(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Case of the prosecution, in brief, is that on 20.10.2024 the wife of complainant and sister both were fasting for Karwa Chauth then on about 10:30 pm, were went out from house to see the Moon, the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI Date: 2025.01.27 17:57:22 +0530 2 applicant and his brother were fighting in their own, upon which the complainant stop them from using abusing words, then applicant along with his brother started assaulting wife and sister of the complainant, the father of the complainant tried to stop the fight but applicant and his brother with stick (danda) and with a brick started assaulting on the head of the father of the petitioner. Hence, this application. 3. Learned counsel appearing for the applicants submits that the applicants are innocent and has been falsely implicated in the present case. It is submitted that the applicants are in jail since 21.10.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel, opposes the bail application and submits that the applicant along with the co-accused is said to have assaulted the injured with Stick (Danda) and Brick, due to which he sustained fracture and he has suffered severe bleeding from his head, and as per the MLC Report, CT Scan Report, and the doctor’s opinion, the injuries are grievous in nature and dangerous to life. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that the applicant along with the co-accused is said to have assaulted the injured with Stick (Danda) and Brick, due to which he sustained fracture and he has suffered severe bleeding from his head, and as per the MLC Report, CT Scan Report, and the 3 doctor’s opinion, the injuries are grievous in nature and dangerous to life, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, this bail application of applicant – Ritesh Sahu involved in Crime No. 323/2024 registered at Police Station – Tarbahar, District – Bilaspur (C.G.) for the offence punishable under Sections 115(2), 396, 3(5), 351(2) and 109(2) of the BNS, 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. OfÏce 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 Rajshekhar