1 2025:CGHC:55870 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1794 of 2025 Bittu Baba Urf Yogesh Vaishnav S/o Anant Kumar Vaishnav Urf Antu Das Aged About 35 Years R/o Ward No. 4, Bazar Para P.S. Lormi, District- Mungeli (C.G.) ... Applicant Versus State Of Chhattisgarh Through- The Station House Officer, Kota, P.S. Kota, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Sunil Verma, Advocate For Non-applicant : Mr. Malay Jain, Panel Lawyer SB : Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 17/11/2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Bail, apprehending his arrest in connection with Crime No. 341/2025, registered at Police Station – Kota, District – Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 296, 115 (2), 351 (2), 3 (5) & 109 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution’s case in brief is such that, on 14- 04-2025 the injured Salman Ali, a resident of Lormi, was being treated at CIMS Hospital for injuries sustained in a fight. Upon reaching CIMS for further action, the injured's family found that Salman Ali had been admitted to Life Care Hospital, Bilaspur, for proper treatment. Salman Ali stated that on April 13, 2 2025, at 11:00 A.M.., Salman, Bittu, Rakesh, and Jitendra Sahu had come from Lormi to Bilaspur to get Rakesh's hand injury treated. They arrived in Kota at around 4:00 P.M. to return to Lormi, had dinner at Soni Hotel in Belgahna, and stayed there overnight. At around 8:00 P.M., they left for Lormi and reached a petrol pump on the Kota-Lormi Road. They were sitting a little inside on the unpaved road near the pump and drinking alcohol. Meanwhile, Rakesh and Bittu started abusing each other obscenely due to an old rivalry. Then Jitendra Sahu fled from there with his car. At the same time, a friend of Rakesh came there and all three started hitting him with stones, due to which he got deep cuts on his face and head and he was injured due to bleeding. Then all three left the injured and ran away. After some time, while walking in the fields at night, he reached near a brick kiln, where the people there called 112 vehicle. Then the injured was taken to Government Hospital, Kota for treatment, from where on referral, his family admitted him to Life Care Hospital, Bilaspur. On the said complaint of the applicant, a case was registered against the applicant/accused and other accused under sections 296, 115(2), 351(2), 3(5), 109 of B.N.S. and taken into investigation, and subsequently the F.I.R. is registered, 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 a mentally unsound person which is evident from the medical certificate annexed along with the bail application and the main accused Rakesh Jaiswal has been granted bail by the learned Trial Court. He submits that it was the applicant and other co-accused person who took the victim to hospital at Bilaspur for treatment and on their return, due to some dispute, the alleged took place. He submits that the applicant has not participated in any of the assault upon the victim and there is no direct evidence available against the applicant in the FIR. So far as the criminal antecedent of the 3 applicant is concerned, he submits that there are no antecedents against him. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the investigation is complete, charge- sheet has been filed before the competent Court. He submits that the complainant/victim has been assaulted by the accused person by a liquor bottle due to which, he suffered 04 grievous injuries over his person in which, one injury is of fracture on nasal bone. In support of his contention, he produced the medical report of the victim/complainant before this Court. He further submits that the case of the accused Rakesh Jaiswal is distinguishable on facts. Hence, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material on record in the case diary, and the facts and circumstances of the case and the submission of the counsel for the parties particularly, the State Counsel that the the victim/complainant suffered grievous injuries over his person and has also suffered a fracture injury, charge-sheet has been filed before the competent Court, therefore, I am not inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant – Bittu Baba @ Yogesh Vaishnav, involved in Crime No. 341/2025, registered at Police Station – Kota, District – Bilaspur, (C.G.) for the alleged commission of offence punishable under Sections 296, 115 (2), 351 (2), 3 (5) & 109 of the Bhartiya Nyaya Sanhita, 2023, stands rejected. Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY