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2025 DAILYLAW 46041 (CHH)

RAKESH SURYAWANSHI v. STATE OF CHHATTISGARH

MCRC/9064/2024 · 2025-01-02

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Judgment text

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1 2025:CGHC:193 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9064 of 2024 Rakesh Suryawanshi S/o Shri Panch Ram Aged About 36 Years R/o Village Madhuwa, P.S. And Tahsil Akaltara, District : Janjgir-Champa, Chhattisgarh ... Applicant versus State of Chhattisgarh Through - S.H.O., P.S. Akaltara, District – Janjgir- Champa, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Paras Mani Shriwas, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.01.2025 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. 342/2024, registered at Police Station – Akaltara, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 109 and 296 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Case of the prosecution, in brief, is that on dated 20.07.2024 Complainant namely Amit Kumar Pradhan has made oral complaint before the Police Station - Akaltara and stating that he along with his 2 friend namely Jitendra Dongare were coming from Dilip Kirana Store after purchasing some articles and reached near the house of Chhat Lal Arya, at the same time applicant/accused came there and started to quarrel with victim as well as stating that he had illicit relation with his wife then victim denied this fact then he assaulted him from back side through the Axe, then victim received various injuries upon his body and on the basis of said complaint Crime has been registered against the applicant. Hence, this application. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It has been further submitted that the applicant is in jail since 21.07.2024, 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 is said to have assaulted the injured with an Axe and as per the medical report the injuries sustained to the injured 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 all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that the applicant is said to have assaulted the injured with an Axe and as per the medical report the injuries sustained to the injured are grievous in nature and dangerous to life, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 3 7. Accordingly, this bail application of applicant – Rakesh Suryawanshi involved in Crime No. 342/2024, registered at Police Station – Akaltara, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 109 and 296 of the BNS, is rejected at this stage. 8. Needless to say that the learned trial Court is at liberty to proceed with the trial and conclude the same, 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