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2025 DAILYLAW 56228 (CHH)

AJAY RATHORE v. STATE OF CHHATTISGARH

MCRC/4698/2025 · 2025-08-20

body2025

Judgment text

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1 2025:CGHC:42490 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4698 of 2025 Ajay Rathore S/o Shivnath Prasad Rathore Aged About 31 Years R/o Podibhatha, Akaltara, P.S. Akaltara, District Janjgir-Champa Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Masturi, District Bilaspur (C.G.) ... Respondent For Applicant : Shri Sudhir Kumar Sahu, Advocate. For Respondent/State : Shri Sakib Ahmed, PL. For objector : Shri Roshan Dubey, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/08/2025 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.203/2025 registered at Police Station Masturi, District Bilaspur GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.25 18:23:24 +0530 2 (C.G.) for the offence punishable under Sections 115(2), 296, 351(2), 3(5), 118(2) of B.N.S. 2023. 2. Case of the prosecution, in brief, is that the complainant has made complaint to the concerned police station alleging inter-alia that on the date of incident i.e. 03.04.2025 as per direction of Pitambar Lodhi, accused persons went to house of the complainant for taking amount of Pitambar Lodhi, and thereafter there was some dispute arose between the complainant and accused person in the name of subject amount, and when the complainant has refused to give subject amount, then accused persons have committed marpeet with the complainant by hand, fist and blade by using filthy language, and as result of the same, the complainant has received injuries on his cheek. Based upon such complaint concerned police has been registered against the applicant for the offence u/s 115(2), 296, 351(2), 3(5), 118(2) of B.N.S. 2023. 3. Learned counsel for the applicant submits that the applicant is said to have caused injuries by blade on the face of the injured and the injury has been stated to be simple in nature as per the MLC report. He would submit that the applicant is in jail since 09/05/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and he would submit that though the injury has been stated to be simple in nature as per the MLC but when he was taken for further medical treatment the injury was found to be muscle deep, therefore the applicant is not entitled for grant of bail. 3 5. Learned counsel for the objector opposes the prayer for grant of bail and he would submit that 29 stitches were made on the wound. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, considering the nature of allegation levelled against the applicant that the applicant is said to have caused injuries by blade on the face of the injured though the injury has been stated to be simple in nature as per the MLC report but when he was taken for further medical treatment, the injury was found to be muscle deep and 29 stitches were made on the wound, therefore considering the fact, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of applicant Ajay Rathore involved in Crime No.203/2025 registered at Police Station Masturi, District Bilaspur (C.G.) for the offence punishable under Sections 115(2), 296, 351(2), 3(5), 118(2) of B.N.S. 2023, is rejected. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri