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2025 DAILYLAW 50376 (CHH)

CHETAN RAJ @ DHARMENDRA DEWANGAN v. STATE OF CHHATTISGARH

MCRC/6947/2025 · 2025-10-16

Shri Narendra Kumar Vyas

body2025

Judgment text

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1 2025:CGHC:52043 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6947 of 2025 Chetan Raj @ Dharmendra Dewangan S/o Shri Tetakumram Dewangan Aged About 19 Years R/o New Changorabhatha, Shivnagar, Sheetala Pond, Near Shri Krishna Anaz Bhandar, House Of Januram Dewangan, Police Station- D.D. Nagar, Raipur, District : Raipur, Chhattisgarh ... Petitioner(s) versus State Of Chhattisgarh Through Police Station- Deen Dayal Nagar, Raipur, District : Raipur, Chhattisgarh ... Respondent For Applicant : Mr. Dashrath Kushwaha, Advocate. For State : Mr. Aditya Tiwari, Panel Lawyer. Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 17/10 /2025 1. This is the second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested on 26.01.2024 in connection with Crime No. 37/2024, registered at Police Station- Deen Dayal Nagar, District- Raipur (C.G.) for the offence punishable under Sections 294, 323, 307, 326 & 34 of I.P.C. 2. The first bail application filed by the applicant bearing MCRC No. 4713 of 2024 has been dismissed on merit vide this Court’s order dated 02.07.2024. 3. The prosecution story in brief is that the complainant has lodged an oral report on 23.01.2024 before the Police Station Deen Dayal Nagar, District - Raipur stating that her mother Mehrun Nisha has called her on mobile phone and stated that his son Sheikh Ayan is being assaulted by knife by Chetan Dewangan, Tarang Dewangan and Hemant Kuhare. She took him to AIIMS hospital for treatment wherein it has been informed that on 23.01.2024 at about 07:30 PM when he was sitting with his friends near New Changorabhata Shitla Mandir, then resident of same colony has started abusing him and they have ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2025.10.17 17:17:22 +0530 2 assaulted him with knife on various places of his body. He was admitted in serious condition in the AIIMS hospital. Accordingly, the offence as aforestated has been registered against the applicant and subsequently, Sections 25 & 27 of the Arms Act were also registered. 4. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the crime in question. He would further submit that the charge-sheet has been filed and the trial will take more time for its conclusion as only 8 witnesses out of 22 witnesses have been examined. He would further submit that the applicant is in jail since 26.01.2024 and about 1 year and 10 months have already lapsed and would pray for releasing the applicant on bail. 5. On the other hand, learned counsel for the State opposes the bail application and would submit that there is sufficient material available in the case diary against the applicant regarding commission of offence, hence, the application for grant of bail may be rejected. 6. I have heard learned counsel for the parties and perused the case diary with utmost satisfaction. 7. Considering the facts and circumstances of the case and also considering that the applicant is in jail since 26.01.2024 and the conclusion of the trial may take some time, therefore, no fruitful purpose would be served in continue detention of the applicant, as such, without further commenting anything on merits of the case, I am of the view that it is a fit case to grant bail to the applicant. 8. Accordingly, the bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned trial court. He shall appear before the trial court on each and every date given by the said trial court, till disposal of the trial. Certified copy as per rules. Sd/- (Narendra Kumar Vyas) Judge Arun