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2025 DAILYLAW 5220 (CHH)

VINOD @ GOLU @ GOLU v. STATE OF CHHATTISGARH

MCRC/644/2025 · 2025-01-23

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Judgment text

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1 2025:CGHC:4235 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 644 of 2025 Vinod @ Golu @ Golu S/o Luv Kumar Aged About 20 Years Caste Korwa, R/o Village Suwarpara, Police Station Batauli, District Surguja, C.G. ... Applicant(s) versus State Of Chhattisgarh Through The S.H.O., Police Station - Batauli, District Surguja, C.G. ... Non-Applicant(s) For Applicant(s) : Mr. Ashesh Kumar, Advocate. For Non-Applicant(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 76/2023, registered at Police Station Batauli, District Surguja (CG) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 294, 506, 323, 307 of the Indian Penal Code (IPC). 2. The prosecution story in brief, is that the applicant, Vinod, who has been accused of attacking the victim with a knife in her home, resulting in injuries on her left chest/shoulder and waist, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that due to prevision animosity between the parties, the applicant has been implicated in the present case, even PW-1 (complainant), PW-2 (victim) and PW-6, during course of cross- examination, have categorically stated and admitted to the existence of prior animosity between the parties. He also submits that weapon of assault i.e. scissor and other material evidence, including the blood-stained towel, have already been seized by the police, which shows that he does not possess to tamper with evidence or witnesses. The applicant is in jail since 16.08.2023 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant has assaulted the injured with scissor by hitting him on his chest, due to which, the injured received grievous injuries on his person, also as per query report, the injury was 3 found to be dangerous to life, therefore, the applicant is not entitled for grant of bail. 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 applicant has assaulted the injured with scissor by hitting him on his chest, due to which, the injured received grievous injuries on his person, also as per query report, the injury was found to be dangerous to life, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant-Vinod @ Golu @ Golu, involved in Crime No. 76/2023, registered at Police Station Batauli, District Surguja (CG) for the offence punishable under Sections 294, 506, 323, 307 of IPC, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil