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2025 DAILYLAW 55144 (CHH)

SADANAND NAYAK @ GOPAL v. STATE OF CHHATTISGARH

MCRC/6655/2025 · 2025-08-21

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Judgment text

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1 2025:CGHC:42714 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6655 of 2025 • Sadanand Nayak @ Gopal S/o Balasan Nayak Aged About 27 Years R/o B.S.U.P. Colony Arjun Veli Saddu, P.S. Vidhansabha, Distt. Raipur, Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Station House Officer, P.S. Vidhansabha, Raipur, Distt. Raipur, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Bharat Lal Sahu, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 22.08.2025 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 bail to the applicant who has been arrested in connection with Crime No.194/2025 registered at Police Station- Vidhansabha Distt.- Raipur (C.G.), for the offence punishable under Section 296, 351(2), 115(2), 191(2), 191(3), 118(1), 118(2) of BNS, 2025. 2. Case of the prosecution, in brief, is that the complainant has made complaint to the concerned police station alleging that at the time of incident, there was simple dispute in between both parties VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.26 11:27:36 +0530 2 with regard to previous enmity and thereafter, the accused person have committed marpeet with injured person. Based upon such complaint, the police station has registered the offence against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the allegation levelled against the present applicant is that he assaulted the injured with his hands, fist and knife, which was not life threatening. He later submits that the applicant has no criminal antecedents and he is in jail since 10.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and submits that the applicant has no criminal antecedent. He further submits that present applicant along with other co-accused is alleged committing grievous hurt and causing grievous injuries to complainant and his brother due to some previous enmity, which is dangerous to life, therefore, he is not entitled for grant of 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, nature and gravity of offence levelled against the applicant and the fact the injured sustained grievous heart/injuries caused by sharp weapons and fist and during the investigation, statements were recorded from the injured, applicant assaulted the injured with 3 sharp edged weapon (knife) on his body and he suffered injuries which was found to be grievous in nature and dangerous to life, this Court does not find it a fit case to release the applicant on bail. 7. Accordingly, the bail application of the applicant- Sadanand Nayak @ Gopal involved in Crime No.194/2025 registered at Police Station-Vidhansabha Distt.- Raipur (C.G.), for the offence punishable under Section 296, 351(2), 115(2), 191(2), 191(3), 118(1), 118(2) of BNS, 2025, is rejected. 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. - Sd/- (Ramesh Sinha) Chief Justice vaishali