1 2025:CGHC:982 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 11 of 2025 Yusuf Khan S/o Mehboob Khan Aged About 19 Years R/o Ram Nagar, Pardeshi Chowk, Police Station -Vaishali Nagar, Tehsil And District - Durg, Chhattisgarh. (Particulars Of The Applicant Is Mentioned Correctly) ... Applicant(s) versus State Of Chhattisgarh Through- District Magistrate, District- Durg (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Anmol Sharma, 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. 157/2024, registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.08 11:33:48 +0530 2 Vaishali Nagar, District – Durg (C.G.) for the offence punishable under Sections 109, 296, 351(2), 118(1), 118(2), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story in brief, is that the applicant Arjun Tamrakar filed a First Information Report (FIR) stating that in the night of 15.09.2024, at around 11:30 pm, his son Harsh Tamrakar was standing in front of the Baba Selun Ganesh pandal near Paradeshi check post and Baghwa temple. At that time, the accused Yousuf Khan and Sanju Yadav, who reside in neighborhood, arrived and started abusing Harsh without any provocation. They then attacked Harsh with a sharp weapon with the intention of killing him, causing serious injuries to his face, chest, and back. The injured Harsh was immediately taken to B.M. Shah Hospital, Supela for treatment. 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. He further submit that the complainant himself has not disclosed the ingredients of section leveled against the applicant, also as per the MLC report, the victim has sustained injuries, which is grievous in nature, further in the query report, doctor says it is questionable, whether, the victim could die or not if treatment was not given on time. He also submits that the applicant is suffering from old age ailment and he is sole earning member of his family. 3 The applicant is in jail since 17.09.2024 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 shape edged weapon i.e. thermocol cutter, due to which, the applicant received grievous injuries on his face and chest, further the injuries are found to be dangerous to life and he was admitted in the hospital for about 5 days, therefore, the applicant is not entitled for grant of bail. 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 shape edged weapon i.e. thermocol cutter, due to which, the applicant received grievous injuries on his face and chest, which are also found to be dangerous to life, for which, the injured was admitted in the hospital for about 5 days, 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-Yusuf Khan, involved in Crime No. 4 157/2024, registered at Police Station Vaishali Nagar, District – Durg (C.G.) for the offence punishable under Sections 109, 296, 351(2), 118(1), 118(2), 3(5) of BNS, 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