1 2025:CGHC:51657 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8323 of 2025 Paras @ Pappu Nirmalkar S/o Dhal Singh Aged About 24 Years Caste- Dhobi, R/o Ward No. 16, Kumhar Para, Dongargarh, District - Rajnandgaon (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Dongargarh, District Rajnandgaon (C.G.) ... Non-Applicant For Applicant : Mr. Abhishek Sharma, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 16.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.235/2025, registered at Police Station – Dongargarh, District- Rajnandgaon (C.G.) for the offence punishable under Sections 109, 296, 115(2), 351(2), 117(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25, 27 of the Arms Act. ( As per final report). 2. As per the prosecution story, on 19.05.2025, the complainant, Smt. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.16 18:37:02 +0530 2 Babita Jain, lodged a report at Police Station Dongargarh stating that on 18.05.2025 at about 9:30 p.m., when Shivam Agrawal was riding his motorcycle near Adarsh School, co-accused Kailash @ Nikku Rajak used abusive language, questioning why he was riding negligently. When Shivam Agrawal stopped and objected to the use of abusive language, co-accused Kailash, Nandu Rajak, and the present applicant began to quarrel with him. During the altercation, co-accused Kailash called two other individuals on his mobile phone, and one of them assaulted Shivam Agrawal with a knife, causing grievous injuries. Thereafter, when the complainant’s husband, Surendra Jain, was on his way to the hospital, co-accused Kailash, Nandu Rajak, the present applicant, and the two other individuals pelted stones at him, as a result of which he also sustained injuries. Subsequently, Police Station Dongargarh registered the case and submitted the final report against the present applicant and three other persons for offences punishable under Sections 109, 296, 115(2), 351(2), and 117(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), as well as Sections 25 and 27 of the Arms Act. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits that at the time of incidentco-accused Kailash and injured Shivam were fighting and present applicant went to resolve the dispute, thereafter the injured used filthy language and the incident took place. Further, the co-accused, namely, Nandu Rajak has been granted bail by this Court vide order dated 3 03.09.2025 passed in MCRC No. 7031/2025. It is also submitted that the applicant has no previous criminal antecedents and the applicant has been in judicial custody since 20.05.2025, and the trial is likely to take considerable time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State Counsel opposed the bail application and submitted that the applicant is alleged to have assaulted the injured with a knife, resulting in three injuries, including one on the chest, which was found to be grievous in nature and dangerous to the life of the injured. Hence, the present bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant is alleged to have assaulted the injured with a knife, resulting in three injuries, including one on the chest, which was found to be grievous in nature and dangerous to the life of the injured, further the co-accused who has been granted bail is not similarly placed, and the case against him is different from that of the present applicant, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. 7. Accordingly, the bail application of the applicant - Paras @ Pappu Nirmalkar involved in Crime No.235/2025, registered at Police Station – Dongargarh, District- Rajnandgaon (C.G.) for the offence punishable under Sections 109, 296, 115(2), 351(2), 117(2), 3(5) of 4 Bharatiya Nyaya Sanhita, 2023 and Sections 25, 27 of the Arms Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti