1 2025:CGHC:20505 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3477 of 2025 1 - Shankar Vishwakarma S/o Dheeran Ram Vishwakarma, Aged About 25 Years R/o Chandarpur Police Station- Surajpur, District Surajpur (C.G.) 2 - Shanni @ Shiva Vishwakarma S/o Late Hukum Say Vishwakarma Aged About 30 Years R/o Village- Banja, Chowki- Basdei, Police Station And District Surajpur (C.G.) ... Applicants versus State Of Chhattisgarh Through The S.H.O. Police Station - Surajpur, District Surajpur C.G. ... Respondent For Applicants : Shri Gyan Prakash Shukla, Advocate. For Respondent/State : Mrs. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/05/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.07 12:08:28 +0530 2 bail to the applicants who have been arrested in connection with Crime No.419/2024 registered at Police Station Surajpur, District - Surajpur (C.G.) for the offence punishable under Sections 296 (B), 115(2), 109 & 3(5) of BNS, 2023. 2. Case of the prosecution, in brief, is that the complainant namely Vivek Sahu lodged the FIR at Police Station Surajpur stating that, his uncle namely Sandeep Sahu left his house on the eve of 20.07.2024 around 18:00 IST, and in that night he was missing. Thereafter, on 21.07.2024 he was found lying behind the primary school Chandarpur and injuries found on his head. In FIR it was further stated that, on 20.07.2024 one person namely Shiva Vishwakarma was abusing his uncle and assaulted his uncle. Hence this bail application. 3. Learned counsel for the applicants submits that the present applicants have neither committed any offence of the nature nor they have participated in the commission of the alleged offence. He would submit that the investigation authority has not collected any material evidence against the present applicants and there is so many discrepancies in the police investigation. He would submit that the applicants and the injured are known to each other. Moreover, on the date of incident they all (injured and applicants) drunk together and thereafter in the state of intoxication fight was taken place and the injured got fell down on brick and got injured. He would submit that there is no previous enmity between the applicants and injured, the applicants are in jail since 27.11.2024, conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application. 3 She would submit that the injury was found to be grievous in nature and dangerous to life and there is fracture of parietal bone. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the fact that applicant No.1 Shankar Vishwakarma assaulted the injured by hand and fist and applicant No.2 Shanni @ Shiva Vishwakarma assaulted the injured by brick on the head, also considering the fact that injury was found to be grievous in nature and dangerous to life and there is fracture of parietal bone also, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, the bail application of applicant No.1- Shankar Vishwakarma and applicant No.2 Shanni @ Shiva Vishwakarma involved in Crime No.419/2024 registered at Police Station Surajpur, District - Surajpur (C.G.) for the offence punishable under Sections 296 (B), 115(2), 109 & 3(5) of BNS, 2023, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri