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2025 DAILYLAW 56082 (CHH)

HEMRAJ SAHU v. STATE OF CHHATTISGARH

MCRC/9818/2025 · 2025-12-02

body2025

Judgment text

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1 2025:CGHC:58586 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9818 of 2025 Hemraj Sahu S/o Rambharos Sahu, Aged About 30 Years, R/o Thana Simga, District - Balodabazar, At Present Address Jhanda Chowk, Birgaon, P.S. Urla, District – Raipur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Khamtarai, District – Raipur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03.12.2025 1. This is the Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who have been arrested in connection with Crime No. 762/2025 registered at Police Station : Khamtarai, District – Raipur (C.G.), for the offence punishable under Sections 296, 351(2), 115(2), 118(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Earlier bail application of the applicant was rejected on merits by this Court vide order dated 25.09.2025 passed in MCRC No. 7067/2025. 3. As per the prosecution story in brief, the complainant informed the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.05 18:33:14 +0530 2 concerned police station that on the date of the incident, a dispute arose between the injured person and the accused persons regarding repayment of a borrowed amount. Thereafter, the accused persons allegedly assaulted the injured person with hands and fists, used abusive language, and threatened to kill him. Based on this complaint, the police registered offences under Sections 296, 351(2), 115(2), 118(2), and 3(5) of the B.N.S. against the accused persons. It is further submitted that merely on the basis of suspicion and the memorandum statements of the accused persons, the police also registered an FIR against the present applicant. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the first bail application was rejected by this Court vide order dated 25.09.2025 passed in MCRC No. 7067/2025. He further submits that, the co-accused, namely, Pramod Dhritlahre has been granted bail by this Court vide order dated 25.09.2025 passed in MCRC No. 6228/2025, further the applicant has no previous criminal antecedent, the charge-sheet has been filed and the applicant is in jail since 12.07.2025. Therefore, he prays that the applicant may be enlarged on bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that the first bail application of the applicant was rejected by this Court on the ground that the applicant is alleged to have caused injuries with a knife to the injured, who suffered injuries on the left side of his abdomen and subsequently underwent surgery. It is further submitted that the applicant is the main accused. Hence, the applicant is not entitled to the grant of bail. 6. I have heard learned counsel for the parties and perused the material available on record. 3 7. Taking into consideration the fact and circumstances of the case and the fact that the first bail application was rejected by this Court on the ground that the applicant is alleged to have caused injuries with a knife to the injured, who suffered injuries on the left side of his abdomen and subsequently underwent surgery, further the applicant is the main accused, and the case of the co-accused who has been granted bail by this Court is distinguishable from that of the present applicant, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the second bail application of applicant – Hemraj Sahu involved in Crime No. 762/2025 registered at Police Station : Khamtarai, District – Raipur (C.G.), for the offence punishable under Sections 296, 351(2), 115(2), 118(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti