1 2025:CGHC:56811 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9457 of 2025 Pritam Singh S/o Indrasan Singh Aged About 23 Years R/o Milan Chowk, In Front Of Durga Hindi Medium School, Camp-02, Bhilai, Police Station Chhawani, District Durg C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Chhawani, District Durg C.G. ... Respondent For Applicant : Mr. Aftabun Nisha, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 21.11.2025 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. 452/2024, registered at Police Station - Chhawani District – Durg (C.G.) for the offence punishable under Sections 332, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.24 14:05:53 +0530 2 309(6) & 109 of BNS. 2. The prosecution story, in brief, is that on 10.10. 2024, the accused committed theft by entering the house of the complainant, Poonam Devi, via the roof and stealing a mobile phone worth approx. Rs.5,000/-from her daughter-Khushi. When the victim, Khushi, pursued him onto the rooftop, the accused committed the grave offense of attempted murder by viciously attacking her with a cutter. This attack was inflicted with the intention of killing her and resulted in severe, life-threatening injuries, notably a deep cut to the victim's right arm (elbow to wrist, exposing the bone) and multiple injuries to her left hand and head, requiring approximately 50 stitches. on The subsequent investigation recovered the weapon (cutter) and the stolen mobile phone based the accused's statement. On the said complaint accused arrested on 11.10.2024 under section 332, 309 (6), and 109 of B.N.S. after investigation charge sheet has been filed before the competent court on 21.12.2024 and thereafter proceeding of trail has been initiated in the Court of 7th Additional Sessions Judge, Durg (C.G.) and trial program has been fixed. 3. Learned counsel for the applicant respectfully submits that applicant is completely innocent and has been falsely implicated in this case due to personal grudges. He was arrested on 11.10.2024 and has since been in judicial custody at Central Jail, 3 Durg. Although the charge-sheet has been filed and some witnesses have been examined, the matter is now fixed for prosecution evidence on 29.07.2025, indicating a substantial delay in the completion of the trial, and it would be inappropriate to keep the applicant incarcerated indefinitely during the prolonged proceedings. The offences alleged against the applicant under Sections 332, 309(6), and 109 of the BNS are not punishable with death or life imprisonment, and therefore continued custody would be disproportionate to the maximum punishment prescribed. While the charge-sheet mentions severe injuries, the defence asserts that the injuries sustained by the victim are not serious in nature, do not fall within the category of grievous injuries as defined under Section 116 of the IPC, were not inflicted on any sensitive part of the body, and that the victim was not hospitalized even for a single day, which suggests that the gravity of the injuries has been overstated merely to oppose bail. The applicant is a permanent resident of the Durg district, and thus there is no likelihood of his absconding or fleeing from the jurisdiction of the court; nor will he attempt to threaten or influence any witness. He agrees to abide by all instructions, terms, and conditions imposed by the court, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. 4 It is submitted that on 10.10.2024, the accused entered the house of the complainant, Poonam Devi, through the roof and stole a mobile phone belonging to her daughter, Khushi. When the victim followed him to the rooftop, the accused attempted to kill her by attacking her with a cutter, causing severe and life- threatening injuries, including a deep cut on her right arm exposing the bone, as well as multiple injuries requiring approximately 50 stitches. The weapon used in the offence (cutter) and the stolen mobile phone were recovered pursuant to the accused’s memorandum, thereby strongly corroborating the prosecution case. It is further submitted that the applicant has 10 previous criminal antecedents, indicating that he is a habitual offender. Considering the gravity of the offence, the seriousness of the injuries, the recovery made, and the criminal history of the applicant, it is submitted that he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence and the severity of the injuries sustained by the victim, it is evident that the accused forcibly entered the complainant’s house and committed theft, and when the victim chased him, he attempted to kill her by attacking her with a cutter, resulting in severe and life-threatening injuries 5 requiring approximately 50 stitches and the weapon used in the offence (cutter) has also been recovered. Furthermore, the applicant has 10 previous criminal antecedents, showing that he is a habitual offender. In view of the seriousness of the offence, the gravity of the injuries caused, the recovery made from the accused, and his criminal history, this Court is of the considered view that the applicant is not entitled to be released on bail at this stage. Accordingly, the bail application stands rejected. 7. Accordingly, the bail application of the applicant – Pritam Singh, involved in Crime No. 452/2024, registered at Police Station - Chhawani District – Durg (C.G.) for the offence punishable under Sections 332, 309(6) & 109 of BNS, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav