Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:738
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9139 of 2024 Amit Yadav @ Pintu S/o Late Murali Yadav Aged About 39 Years R/o Infront of Baba Balanka Temple, Khursipar Bhilai, Tahsil and District Durg, Chhattisgarh.
... Applicant versus State of Chhattisgarh Through The Station House OfÏcer Police Station Khursipar, District : Durg, Chhattisgarh.
... Non-Applicant For Applicant : Mr. N.K. Chatarjee, Advocate. For Non-Applicant : Mr. Hariom Rai, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 06.01.2025
1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 151/2024, registered at Police Station Khursipar, District : Durg, (C.G.) for the offence punishable under Section 109 of Bhartiya Nyay Sanhita and Section 25 & 27 of Arms Act.
2. The prosecution story in brief, is that on 21-07-2024, the complainant, Jyoti Dewar, lodged a complaint at Police Station Khursipar, stating that on the same day, at about 18:25 hours, the
2 applicant assaulted her nephew with a sharp weapon, targeting his stomach. As a result, the complainant’s nephew sustained grievous injuries. Based on the complaint, a crime was registered, and a charge-sheet has been filed before the concerned court.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has neither committed nor participated in any such act, which may amount to any of the offences, mentioned above, he has been arrested only on the basis of suspicious. He further submits that the injury sustained to the injured is not multiple injury. He further submits that the applicant is in jail since 22.07.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.
4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the present applicant has assaulted her nephew with a sharp weapon, targeting his vital part of the body. As a result, the complainant’s nephew sustained grievous injuries, and as per the opinion of the doctor the injuries were found to be dangerous to life, therefore, he is entitled for grant of regular bail in the present case.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the present applicant has assaulted her nephew with a sharp weapon, targeting his vital part of the body. As a result, the
3 complainant’s nephew sustained grievous injuries, and as per the opinion of the doctor and query report, the injuries were found to be dangerous to life, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant – Amit Yadav @ Pintu, involved in Crime No. 151/2024, registered at Police Station Khursipar, District : Durg, (C.G.) for the offence punishable under Section 109 of Bhartiya Nyay Sanhita and Section 25 & 27 of Arms Act, is rejected.
7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.
8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/-
(Ramesh Sinha)
Chief Justice Rahul Dewangan