1 2025:CGHC:54663 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1741 of 2025 Ayush Kumar Singh @ Monti S/o Shri Shankar Prasad Singh Aged About 31 Years R/o Housing Board Kharmora, Tahsil And District- Korba, Chhattisgarh ... Applicant Versus State Of Chhattisgarh Through Police Station Civil Line Rampur, District- Korba, Chhattisgarh ... Non-applicant For Applicant : Mr. Anshul Tiwari, Advocate For Non-applicant : Ms. Ankita Shukla, Panel Lawyer SB : Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 10/11/2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Bail, apprehending his arrest in connection with Crime No. 296/2025, registered at Police Station – Civil Line Rampur, District – Korba (C.G.) for the alleged commission of offence punishable under Sections 109, 3 (5) of the Bhartiya Nyaya Sanhita, 2023. 2. The story in brief is such that, on 16.05.2025 at approximately 11:15 p.m., near Bhagwat Nagar, Podibahar, when the complainant and his brother namely Pramod Yadav were talking to his friend Vikrant Sahu, at that time, Muni Tripathi (minor) and the present applicant Monty attacked Pramod Yadav due to an old rivalry and during scuffle, the juvenile attacked him with a button knife with the intent to kill him. Then the brother of the complainant 2 began shouting for help and thereafter, the complainant came out of the house and saw the applicant along with other co-accused persons were assaulting Pramod Yadav. It has been further alleged that the juvenile was holding a mobile phone in one hand and button knife in the other hand and was stabbing the complainant's brother with the knife, and when the complainant tried to intervene, he was also assaulted by the juvenile. Due to the assault brother of the complainant suffered injuries upon his stomach, chest, waist, face, hands, and one finger on his right hand. On the aforesaid basis, a case under Section 109, 3(5) of the Indian Penal Code has been registered against the applicant/accused at Police Station Civil Lines, Rampur, District – Korba. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the applicant had not assaulted the victim/injured but only tried to intervene and caught hold of the victim/complainant. He submits that due tot the scuffle between the juvenile and Pramod Yadav, the juvenile assaulted Pramod with a button knife and there is no role played by the applicant in commission of the aforesaid offence. He contended that the applicant intervened with an intention to solve the quarrel between the parties and there is no relation of the applicant with the co-accused juvenile. The seizure of button knife has been made from the possession of the co-accused juvenile who has been granted bail by the competent Court. So far as the criminal antecedents of the applicant is concerned, he submits that there are no antecedents against the applicant. Further, the injuries sustained by the victim is simple in nature and they do not attract the offence under Section 109 of the BNS, 2023 and there is no material available against the applicant. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the present applicant has committed 3 grievous assault on the victim/injured. He submits that it was the applicant himself who caught hold of the victim during the assault and the juvenile thereafter, stabbed the injured with knife. He contended that as per the MLC and medical reports of the injured, it is stated that the injuries are suffered on the abdomen of the injured which are grievous in nature. In support of his contention, he produced the report of the victim/injured before this Court which states that the injuries are grievous in nature and are caused by hard and blunt object. There are specific allegations against the applicant showcasing his active role in commission of the aforesaid crime. Therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence, submission of counsel for the respective parties and material on record in the case diary, documents enclosed along with the bail application which clearly amplifies the fact that that the injuries sustained by the injured on abdomen are serious in nature, investigation is still going on, charge-sheet has not been filed, I am not inclined to grant bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant – Ayush Kumar Singh, involved in Crime No. 296/2025, registered at Police Station – Civil Line Rampur, District – Korba (C.G.) for the alleged commission of offence punishable under Sections 109 & 3 (5) of the Bhartiya Nyaya Sanhita, 2023, stands rejected. 8. Certified copy as per rules. Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY