1 2025:CGHC:4044 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 115 of 2025 Deepak Nishad S/o Vijay Nishad Aged About 20 Years R/o Old Bus Stand, Nagar, Chandwabhata, Bilaspur, Tahsil And District- Bilaspur, C.G. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station - Kota, District - Bilaspur, C.G. ... Non-applicant For Applicant : Mr. Amit Singh Chauhan, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 22.01.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 787/2024, registered at Police Station – Kota, District- Bilaspur, (C.G.) for the alleged commission of offence punishable under Sections 109, 190, 191(2), 191(3) and 3(5) of Bhartiya Nyay Sanhita, 2023. 2. As per the prosecution’s case, in brief, is that the applicant, along with his friends, including some girls, went on a picnic to Kota. However, some miscreants began misbehaving with the girls in the group. When RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.23 16:48:57 +0530 2 the applicant’s group objected, the miscreants started arguing and following them. The situation escalated when the miscreants stopped the applicant and his friends near the Kota Petrol Pump and began assaulting them. In an act of self-defense, one of the group members, Aayush Masih, stabbed the victim, Dipanshu. Consequently, the aforementioned offences have been registered. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the name of present applicant is not mentioned in the FIR and there is no specific allegation made against the present applicant, the FIR was lodged against 3-4 persons and subsequently 7 accused persons have been arrested. He further submits that the present applicant has not inflicted single injury upon the injured Dipanshu Sahu. He further submits that other accused persons have been granted regular bail by this Court. He also submits that the applicant is pursuing B.Sc-II year as private student and he is doing private job. He further submits that the complainant party and his companion were aggressive party and they started misbehaving and abusing the applicant’s group including college girl. Therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the present applicant along with co-accused persons have assaulted the injured with a knife, targeting his vital part of the body. As a result, the injuries sustained to the injured are grievous in nature, and as per 3 the opinion of the doctor the injuries were found to be dangerous to life, Therefore, he is not entitled for grant of anticipatory bail in the present matter. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the present applicant along with co-accused persons has assaulted the injured with a knife, targeting his vital part of the body, as a result, the injuries sustained to the injured are grievous in nature, and as per the opinion of the doctor and query report, the injuries were found to be dangerous to life, therefore, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant – Deepak Nishad, involved in Crime No. 787/2024, registered at Police Station – Kota, District- Bilaspur, (C.G.) for the alleged commission of offence punishable under Sections 109, 190, 191(2), 191(3) and 3(5) of Bhartiya Nyay Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan