1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8710 of 2025 Aghanu @ Haga S/o Late Sunder Ram Aged About 34 Years R/o Village- Khuntatanger, Sanna, Police Station- Sanna, District- Jashpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Sanna, District- Jashpur (C.G.) ... Respondent For Applicant : Mr. Jitendra Kumar Saxena, Advocate. For Non-applicant/State : Mr. S.S. Ubeja, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 06.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of the B.N.S.S. in connection with Crime No. 51/2025, registered at Police Station - Sanna, District – Jashpur (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 333, 109(1), 332(b) & 3(5) of BNS 2023. 2. The prosecution story in brief is that on 23.06.2025, the complainant Urmila Bai lodged report at Police Station, Sanna, alleging therein that 30.04.2025 at around 11.00 PM, the accused persons came near her house and abused the complainant & her family members and VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.10 17:53:36 +0530 2 thereafter the accused persons entered into her house, brought her mother Fulmat Bai in courtyard and the accused Aghanu assaulted with Fulmat Bai with the help of spade, due to which, Bulmat Bai received head injury and thereafter the accused persons fled away by giving threatening to kill them. On the basis of said report, the aforesaid offences have been registered against the accused persons including present applicant. 3. Learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits thatthe applicant submits that the First Information Report was lodged after more than one and a half months from the date of the alleged incident, which clearly creates doubt over the prosecution version. The injured has not sustained any grievous injury which could endanger her life in the ordinary course of nature; therefore, the offence under Section 109(1) of the IPC is not made out against the applicant. The charge- sheet has already been filed, and as the trial is likely to take considerable time to conclude, the continued detention of the applicant is unwarranted. The applicant is the sole breadwinner of his family, and his prolonged pre-trial incarceration will cause irreparable hardship to his family members. He is in judicial custody since 17.08.2025 and undertakes to appear before the Trial Court on all dates of hearing and not to misuse the liberty, if granted. The applicant is a permanent resident of the address mentioned in the cause title, and there is no likelihood of his absconding or tampering with prosecution witnesses. The applicant is ready to furnish adequate surety and shall abide by all the directions and conditions imposed by 3 this Hon’ble Court, therefore, the applicant prays for grant of regular bail. 4. On the other hand, the learned State Counsel appearing for the State/non-applicant opposes the bail application and submits that the present applicant/accused Aghanu Ram, armed with a shovel, assaulted Phoolmat Bai (mother of the complainant) on the front part of her head, causing injuries with the intention to cause her death, therefore, the applicant is not entitled to the grant of 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 material available in the case diary, it is evident that the applicant/accused Aghanu alias Haga, along with co- accused persons Shyamnath Ram, Panku, and Chaddu Ram, in furtherance of their common intention, went near the house of the complainant, Urmila Bai, abused the complainant and her family members in obscene and filthy language, criminally intimidated them by threatening to kill, and thereafter trespassed into the house of the complainant with preparation to cause hurt. It is further revealed from the case diary that the applicant/accused Aghanu Ram, armed with a shovel, assaulted Phoolmat Bai (mother of the complainant) on the front part of her head, causing injuries with the intention to cause her death. From the perusal of the case diary, there is sufficient prima facie evidence indicating the involvement of the applicant in the alleged offence. The nature of the act attributed to the applicant is serious, grave, and heinous, involving house trespass, criminal 4 intimidation, voluntarily causing hurt, and attempt to murder. Considering the specific role assigned to the applicant and the gravity of the allegations, this Court is not inclined to grant anticipatory bail to the present applicant. 7. Therefore, the bail application filed by the applicant/accused – Aghanu @ Haga involved in Crime No. 51/2025, registered at Police Station - Sanna, District – Jashpur (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 333, 109(1), 332(b) & 3(5) of BNS 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav