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2025 DAILYLAW 46708 (CHH)

NARAYAN SAHU v. STATE OF CHHATTISGARH

MCRC/9/2025 · 2025-01-07

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Judgment text

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1 2025:CGHC:981 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9 of 2025 Narayan Sahu S/o Lomash Sahu Aged About 20 Years R/o Bharat Nagar Ramnagar P.S. Gudhiyari District - Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station Gudhiyari Raipur District - Raipur (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. C.R. Sahu, Advocate. For Non-Applicant(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.01.2025 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. 561/2024, registered at Police Station Gudhiyari, Raipur District - Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 109(1) of BNS and Section 25 and 27 of Arms Act. 2. The prosecution story in brief, is that the complainant has made AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.08 11:33:48 +0530 2 complaint before the concerned police station alleging that on the date of incident i.e. 01.09.2024 at about 4:30 to 5:00 pm, when he was at Bajrang Mandir at that time, the applicant came there and assaulted the injured persons by knife. Thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case, applicant has neither assaulted the injured person nor committed any of the aforesaid offences. He further submits that the injuries sustained by the injured are simple in nature, only on the basis of simple dispute, the present applicant has been implicated in this case. He also submits that the applicant is only earning member of his family and he is ready to furnish adequate security and shall abide all the directions and conditions which this Court may impose upon him. The applicant is in jail since 02.09.2024 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, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant has assaulted the injured with knife, due to which, the applicant received grievous injuries on his left thigh and abdomen, the injured also undergone for a surgery and was admitted in hospital for about 9 days, therefore, the applicant is not entitled for grant of bail. 3 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 applicant has assaulted the injured with knife, due to which, the applicant received grievous injuries on his left thigh and abdomen, the injured also undergone for a surgery and was admitted in hospital for about 9 days, further the injury sustained by the injured is found to be dangerous to life, as such, without expressing any opinion on the merits of the case, 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-Narayan Sahu, involved in Crime No. 561/2024, registered at Police Station Gudhiyari, Raipur District - Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 109(1) of BNS and Section 25 and 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. Office 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 Akhil