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2025 DAILYLAW 56238 (CHH)

ROSHAN VISHWAKARMA v. STATE OF CHHATTISGARH

MCRC/9664/2025 · 2025-12-01

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Judgment text

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1 2025:CGHC:58420 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9664 of 2025 Roshan Vishwakarma S/o Shri Uma Vishwakarma Aged About 19 Years R/o Shiv Nagar, Near Shitla Mandir, P.S. Azad Chowk, District Raipur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Azad Chowk, Raipur District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. C.R. Sahu, Advocate. For Respondent(s) : Mr. Swajeet Ubeja, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 15/2025, registered at Police Station Azad Chowk, Raipur District Raipur (CG) for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 punishable under Sections 109, 296, 115(2), 351(2), 3(5) of BNS and Sections 25 and 27 of Arms Act. 2. The prosecution story in brief, is that according to the case record of Crime No. 15/2025 registered at Police Station Azad Chowk, the applicant/accused and his co-accused allegedly committed the offence on 09.01.2025 near Vipra Bhavan, Samta Colony. It is alleged that they abused and threatened the complainant Vaishnav Markam and his companions Golu Markam and Bhuvan Barve, and with the intention to kill Vaishnav Markam, inflicted grievous and life-threatening injuries with a sharp knife. Based on these allegations, offences under Sections 109, 296, 115(2), 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25 & 27 of the Arms Act were registered. After investigation, a charge-sheet was filed, and the case is presently pending at the stage of prosecution evidence. The record indicates prima-facie involvement of the applicant/accused in the alleged attack, which amounts to an offence of attempt to murder, punishable with imprisonment for life. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and on account of previous enmity, present applicant has been implicated in the crime in question. He further submits that some of the witnesses, including the injured witness, have been examined before the trial Court and they have not supported the prosecution case. The applicant is in jail since 11.01.2025 and the 3 trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant is accused of abusing, threatening, and attempting to kill the complainant Vaishnav Markam near Vipra Bhavan, Samta Colony on 09.01.2025. He, along with co-accused persons, allegedly attacked the complainant with a sharp knife, due to which, injured sustained multiple injuries i.e. lacerated bone-deep wound measuring 3 cm × 1 cm on the left side of the forehead, located 1 cm above the left eyebrow, with bleeding present along the margins, abrasion of 1 cm × 1 cm was noted on the left malar eminence and two bone-deep stab wounds measuring 2 cm × 2 cm and 3 cm × 2 cm were found on the anterolateral and lateral aspects of the left thigh in its middle and upper third, both showing active bleeding. X-ray examination further revealed a displaced fracture of the proximal shaft of the femur, which are found to be grievous and life-threatening injuries. So far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent of the year 2023 of identical nature. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case 4 diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant along with co-accused persons, allegedly attacked the complainant with a sharp knife, due to which, injured sustained multiple injuries i.e. lacerated bone-deep wound measuring 3 cm × 1 cm on the left side of the forehead, located 1 cm above the left eyebrow, with bleeding present along the margins, abrasion of 1 cm × 1 cm was noted on the left malar eminence and two bone-deep stab wounds measuring 2 cm × 2 cm and 3 cm × 2 cm were found on the anterolateral and lateral aspects of the left thigh in its middle and upper third, both showing active bleeding and X-ray examination further revealed a displaced fracture of the proximal shaft of the femur, which are found to be grievous and life-threatening injuries, so far as criminal antecedent of the applicant is concerned, applicant has one criminal antecedent of the year 2023 of identical nature, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant-Roshan Vishwakarma, involved in Crime No. 15/2025, registered at Police Station Azad Chowk, Raipur District Raipur (CG) for the offence punishable under Sections 109, 296, 115(2), 351(2), 3(5) 5 of BNS and Sections 25 and 27 of Arms Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded 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 Akhil