1 2025:CGHC:56445 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8715 of 2025 Baldau Kurre S/o Late Bisambar Kurre Aged About 62 Years R/o Gram Nayak Bandha, P.S. Abhanpur, District - Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S. Rajim District - Gariyaband (C.G.) ...Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.11.2025 1. This is the first bail application filed 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. 169/2025, registered at Police Station – Rajim District – Gariyaband (C.G.) for the offence punishable under Sections 109 & 332(b) of the BNS. 2. The prosecution story in brief is that on 05.06.2025 a FIR was VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.20 13:06:35 +0530 2 lodged by one Tikeshwari Sahu (Complainant/Victim) to the police of police station Rajim, Distt.- Gariyabandh, where it was alleged that, she was assaulted by an unknown masked stranger with a sharp object in the stomach on the intervening night of 03.06.2025 04.06.2025. Later when investigation was in process, victim revealed that she has a strong belief that she has been assaulted by the applicant as they were in love relationship. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits the applicant has no role in the alleged offence as he is 62 years old, and it is naturally impossible and highly improbable for him to trespass into a house and assault the victim in the presence of the entire family. During investigation, the police verified the mobile phone’s last location of the applicant, but the said report has not been enclosed with the charge-sheet as the prosecution was unable to link the applicant with the alleged incident. The true story is that the victim’s husband came to know about the affair between the applicant and the complainant, and in a fit of rage, he assaulted the victim, due to which she sustained the injuries; later, to shield himself, a false story was fabricated to implicate the applicant. It has also come to the knowledge of the applicant’s family that the victim was assaulted by her husband only, and when her condition became serious and she was referred to a higher centre, the victim’s husband, after influencing her, falsely named 3 the applicant after a delay of 13 days. If the prosecution version had any credibility, the husband should have reported the incident on the intervening night of 03.06.2025–04.06.2025; the delay clearly reflects that a false version was created to frame the applicant. The implication of the applicant appears to be only a device to hide the real culprit, as had it been the applicant wearing a mask, the victim being familiar with him would have immediately identified him and not taken such a long time to disclose his name. The applicant, being a 62-year-old man, has been maliciously implicated due to the love relationship between him and the complainant, which came to the knowledge of her husband, who is the real perpetrator behind the incident, therefore he prays for grant of regular bail to the applicant in this case. 4. On the other hand, the learned State Counsel opposed the bail application and submits that, in the statement recorded under Section 183 of the BNSS, the victim has stated that the applicant stabbed her in the stomach with a sharp object on the intervening night of 03.06.2025–04.06.2025, as a result of which she sustained grievous injuries. It is therefore argued that, considering the nature and gravity of the offence, the applicant is not entitled to be released on regular bail 5. I have heard learned counsel for the parties and perused the case-diary. 6. Taking into consideration the facts and circumstances of the case 4 and the nature and gravity of the allegations levelled against the applicant, it appears that the victim sustained grievous injuries in her stomach after being stabbed with a knife by an unknown person on the intervening night of 03.06.2025–04.06.2025. After her discharge from the hospital, in her statement recorded under Section 183 of the BNSS, the victim expressed suspicion against the applicant, stating that they were in a prior love relationship and alleging that it was the applicant who had entered her house during the night and assaulted her with a sharp weapon. The allegations indicate a targeted attack resulting in life-threatening injuries to her. Thus, considering the seriousness of the offence, the grievous nature of the injuries inflicted upon the victim, and prima-facie implication of the applicant emerging from the material collected during the investigation, this Court does not find any ground to extend the benefit of bail to the applicant. 7. Accordingly, the bail application of the applicant – Baldau Kurre, involved in Crime No. 169/2025, registered at Police Station – Rajim District – Gariyaband (C.G.) for the offence punishable under Sections 109 & 332(b) of the BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav 5