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2025 DAILYLAW 53320 (CHH)

JITENDRA NISHAD @ JEETU v. STATE OF CHHATTISGARH

MCRC/9363/2025 · 2025-11-24

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Judgment text

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1 2025:CGHC:57230 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9363 of 2025 Jitendra Nishd @ Jeetu S/o Dhiraj Nishad Aged About 18 Years Residence of Mohbhatta Para, Police Thana Tilda-Nevra District Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House O昀케cer Police Station Tilda- Nevra, District Raipur, Chhattisgarh ... Non-applicant For Applicant : Mr. Mahesh Kumar Mishra, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.11.2025 1. This is the 昀椀rst bail application 昀椀led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 280/2025 registered at Police Station – Tilda-Nevra, District Raipur (C.G.) o昀昀ence under Sections 296, 115(2), 109(1), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act. 2. The case of the prosecution is that the complainant lodged a report at the concerned Police Station alleging, inter alia, that on the date of the incident, a simple dispute arose between the complainant and the accused persons, and thereafter, the accused assaulted the complainant ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.27 10:19:12 +0530 2 with a knife, as a result of which the complainant sustained injuries. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is submitted that there is no incriminating material against the applicant to hold him guilty for the commission of the o昀昀ences mentioned above. He further submits that there is a delay of one day in lodging the First Information Report, and no justi昀椀able explanation for the delay has been provided in the FIR. It is further submitted that the applicant is the sole breadwinner of his family and his continued detention will cause serious and irreparable hardship to his family members. Learned counsel also submits that the applicant has no criminal antecedents and is in custody since 29.06.2025. As the conclusion of the trial is likely to take some time, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant, along with other co- accused persons, assaulted the victim with a knife on his abdomen, due to which he received grievous injuries, therefore, the present applicant is not entitled to the grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary and further the fact that the applicant, along with other co- accused persons, assaulted the victim with a knife on his abdomen, due to which he received grievous injuries, therefore, this Court is of the opinion that it is not a 昀椀t case to enlarge the applicant on bail. 3 7. Accordingly, the 昀椀rst bail application of the applicant – Jitendra Nishd @ Jeetu, involved in Crime No. 280/2025 registered at Police Station – Tilda-Nevra, District Raipur (C.G.) o昀昀ence under Sections 296, 115(2), 109(1), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. O昀케ce is directed to send a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek