1 2025:CGHC:52826 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7517 of 2025 S. Rajkumar Urf Raju S/o Sinu Aged About 19 Years R/o Behind Dena Bank, Power House, Road No. -08, Near Purushottam Grocery Shop, Police Station- Chhawani, District Durg C.G. ... Applicant Versus State Of Chhattisgarh Through Police Station Bhilai Bhatti, District Durg C.G. ... Non-applicant For Applicant : Mr. Ghanshyam Kashyap, Advocate For Non-applicant : Mr. Soumya Rai, Panel Lawyer S.B. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/10/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 122/2024 registered at Police Station – Bhilai Bhatti, District - Durg (C.G.) for the offence punishable under Sections 109, 3 (5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant lodged a report at the concerned police station alleging that, 24.09.2024 at about 02:30 p.m., when the complainant was at Sector 1-B Market, Flour Mill, Bhilai along with his friends, at that time, the applicant along with other co-accused persons came there and started abusing the complainant over old enmity. When the applicant forbade them, the applicant and the co-accused assaulted the 2 complainant by means of knife, hands and fists and thereafter, all the accused persons fled from the spot. Due to the assault, the complainant suffered grievous injuries over his person i.e. on his left arm and neck and he was rushed to the hospital. Acting on the complaint, the police registered a case under Sections 109, 3 (5) of Bharatiya Nyaya Sanhita, 2023 against the applicant. During the course of investigation, applicant was arrested on 25.09.2025. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent, he has not committed any offence as alleged and has been falsely implicated in the aforesaid crime. He submits that the charge-sheet has been filed before the competent Court and there is no material against the applicant in the entire charge-sheet. He submits that the co-accused namely Devgya Khotari @ Raja had filed a bail application before this Hon’ble Court in MCRC No. 9096/2024 and he was granted bail vide order dated 06.01.2025. He further submits that it was the co-accused who had caused injury to the complainant and injuries sustained by applicant is simple in nature. Further, there are no criminal antecedents against the applicant. He is in jail since 25.09.2024, and therefore, he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the bail application and submits that though charge-sheet has already been filed in the present case, however, there specific allegations leveled against the applicant of committing assault over the complainant by means of knife. He submits that it was the present applicant who gave knife blows to the complainant. He contended the injuries sustained by the complainant in the neck and left arm are grievous in nature which is evident from the query report of the complainant which is produced before this Court during the course of argument. Therefore, he may not be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, the nature and gravity of the offense leveled against the applicant and also, the fact that the complainant has leveled specific allegations against the applicant and it was applicant who gave knife blows and considering the query report produced before this Court stating the injuries sustained by the complainant to be grievous in nature, furthermore, considering the gravity and seriousness of this case and it cannot be a case of false implication, this Court is of the view that it is not a fit case to enlarge the applicant on bail. 7. 7. Accordingly, the second bail application of the applicant – S. Rajkumar @ Raju, involved in Crime No. 122/2024 registered at Police Station – Bhilai Bhatti, District – Durg (C.G.) for the offence punishable under Sections 109 & 3 (5) of Bharatiya Nyaya Sanhita, 2023, is rejected at this stage. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY