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2025 DAILYLAW 49489 (CHH)

DEVENDRA SHARMA @ GUDDU v. THE STATE OF CHHATTISGARH

MCRC/9619/2025 · 2025-11-25

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Judgment text

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1 2025:CGHC:57482 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9619 of 2025 Devendra Sharma @ Guddu S/o Ghanshyam Prasad Sharma Aged About 47 Years R/o Vill.- Gunjera, O.P.- Maro, P.S.- Nandghat, Distt. - Bemetara (C.G.) ... Applicant versus The State Of Chhattisgarh Through The Station House Officer, P.S.- Bemetara, Distt. - Bemetara (C.G.) ... Non-Applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-Applicant/State : Mr. Saumya Rai, Panel Lawyer. For Objector : Mr. Ashish Gangwani, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No. 427/2025, registered at Police Station – Bemetara, District - Bemetara (C.G.) for the offence punishable under Sections 109(1), 238(B) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in short, is that on 02.07.2025, the complainant Ramsharan Shukla was travelling from Bemetara to Village Bavamohatra with his daughter, Mamta Sharma, on his motorcycle. At about 3:15 PM, the applicant Devendra Sharma, along with a juvenile companion and his PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.27 11:35:18 +0530 2 son Ankit Sharma, allegedly stopped Ramsharan Shukla due to a family dispute, stating that he was not sending his wife with him. They then assaulted him with a knife. On the basis of the said report, the police registered the offence, arrested the applicant, and after completion of the investigation, a charge-sheet was filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the applicant is the husband of the injured and has stated that he caused injuries to his wife and father-in-law because the father-in-law was not allowing his wife to return with the applicant. He further submits that the charge-sheet has been filed and the applicant has been in jail since 03.07.2025. Therefore, learned counsel prays for the grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the applicant has caused injuries, which were found to be grievous in nature, to his wife and father-in-law. Therefore, the applicant is not entitled to the grant of regular bail in the present case. 5. Learned counsel for the Objector opposes the bail application of the applicant and submits that the applicant has previously assaulted his wife and father-in-law. Therefore, he prays that the applicant is not eligible for bail. 6. I have heard learned counsel for the parties and perused the documents available on record. 7. Considering the facts and circumstances of the case, the allegations levelled against the applicant, and the fact that the applicant, being the husband of the injured, has caused injuries of a grievous nature to his wife and father-in-law, and further that the applicant has previously 3 assaulted his wife and father-in-law, this Court is of the considered opinion that the applicant does not deserve to be enlarged on regular bail. 8. Accordingly, the bail application filed by the applicant/accused – Devendra Sharma @ Guddu involved in Crime No. 427/2025, registered at Police Station – Bemetara, District - Bemetara (C.G.) for the offence punishable under Sections 109(1), 238(B) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 9. 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 Preeti