Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:54387
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1710 of 2025 • Khushi Ram Yadav S/o Prem Sagar Yadav Aged About 35 Years Occupation Tempo Driver, R/o Satti Para Nehru Ward, Parshad Gali Ambikapur, Police Station And Tahsil Ambikapur, District Surguja (C.G.)
... Applicant versus • State Of Chhattisgarh Through - The Station House Officer, Police Station Kotwali, Ambikapur, District Surguja (C.G.)
... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Vikas Kumar Pandey, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/11/2025
1. The applicant has preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.782/2025 registered at Police Station – Kotwali Ambikapur, District – Surguja (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 118(1) and 3(5) of BNS, 2023 read with Section 25 & 27 of Arms Act. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.10 16:45:04 +0530
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2. Case of the prosecution, in brief, is that on 21.10.2025 at about 12.30 a.m in the night when the complainant namely Gyanendra Nath Mukharji was returning from PG Collage ground after purchasing Crackers and when he reached at Sindhu Prasad Gali his motorcycle has been off and the crackers have felled down in the mean time it is alleged that the main accused Shailesh Tiwari reached their carrying a Sword and has inflicted the same on the left leg of the complainant. The allegation against the present applicant is that he caught hold the injured from back side during the course of incident, thereafter FIR has been registered against the applicant and other co-accused. Hence, these application. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the main allegation levelled against the co-accused namely Shailesh Tiwari, who inflicted the injured on his left leg by sword, as a result injured received injuries on his left leg, whereas only allegation levelled against the present applicant is that he caught hold the injured from back side during the course of incident. Therefore, he prays for grant of anticipatory bail to the present applicant. 4.
On the other hand, learned State counsel, opposes the bail application and submits that the main accused Shailesh Tiwari carrying a Sword and has inflicted the same on the left leg of the complainant/injured and present applicant caught hold the
3 injured from back side during the course of incident, as a result injured sustained grievous injuries on his leg. Therefore, the bail application of the present applicant deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that main accused namely Shailesh Tiwari inflicted the injured by sword, and present applicant caught hold the injured from back side during the course of incident, as a result injured received grievous injury, looking to the seriousness of the offence, nature of injury, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this first bail application of applicant –Khushi Ram Yadav involved in Crime No.782/2025 registered at Police Station – Kotwali Ambikapur, District – Surguja (C.G.) for the offence punishable under Sections 296, 351(3), 115(2), 118(1) and 3(5) of BNS, 2023 read with Section 25 & 27 of Arms Act, is rejected at this stage. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice vaishali