1 2025:CGHC:3169 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9049 of 2024 Soumu Kaiwart S/o Shri Motilal Kaiwart Aged About 24 Years R/o Mela Chowk Malhar Police Outpost Malhar Thana - Masturi District- Bilaspur (C.G.) ... Applicant versus The State Of Chhattisgarh Through Station House OfÏcer, Police Station Masturi, Police Outpost Malhar District - Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Sumit Shrivastava, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.01.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 282/2024 registered at Police Station – Masturi, Police Out Post Malhar, District – Bilaspur (C.G.), for the offence punishable under Section 307/34 of the Indian Penal Code. 2. The prosecution's case is that complainant Ravi Kaiwart, son of Umed Ram Kaiwart, filed a report at Police Outpost-Malhar, Police 2 Station-Masturi, District-Bilaspur, on June 18, 2024. The report alleged that on June 17, 2024, at around 7:45 pm, the applicant and co-accused persons visited Ravi's betel shop, starting a dispute. During the altercation, the applicant allegedly injured Ravi's arm with a knife. When Ravi tried to flee, co-accused Prashant caught him, and another co-accused, Bundru, inflicted chest injuries. Based on this report, an offense was registered under Section 307/34 of the IPC. After completing the investigation, a charge sheet was filed. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the complainant alleges that the applicant caused a knife injury to his arm. However, the Medical Legal Certificate (MLC) report states that the injury is not grievous. Moreover, there is no allegation that the applicant targeted a vital part of the complainant's body. Considering the injury report, the offense under Section 324 of the IPC is made out against the applicant. He further submits that co- accused Prashant Kaiwarth, who was accused of holding the injured complainant, was granted bail by the Sessions Court. Since the present applicant's case is similar, he is entitled to bail on the grounds of parity. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the injuries found on the injured person's body were grievous in nature. He was hospitalized for about 9 days, and the injuries were also dangerous to life, therefore, he is not entitled for grant of regular bail. 3 5. I have heard learned counsel appearing 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 further the fact that the injuries found on the injured person's body were grievous in nature, he was hospitalized for about 9 days, and the injuries were also dangerous to life. Therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the first bail application of the applicant – Soumu Kaiwart, involved in Crime No. 282/2024 registered at Police Station – Masturi, Police Out Post Malhar, District – Bilaspur (C.G.), for the offence punishable under Section 307/34 of the Indian Penal Code, is rejected. 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 Manish MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.01.20 11:21:41 +0530