1 2025:CGHC:4467 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 709 of 2025 Pankaj Sarang S/o Late Manglu Sarang Aged About 23 Years R/o. Near Sheetla Mandir, Gogaon, Purani Basti, Police Station Gudhyari, District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Gudhyari, District - Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate. For Non Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24.01.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.544/2024, registered at Police Station – Gudhyari, District Raipur (C.G.) for the offence punishable under Sections 109 and 3(5) of Bharatiya Nyaya Sanhita, 2023. ( in short ‘BNS’) and Sections 25 and 27 of the Arms Act. 2 The case of the prosecution, in brief, is that a complainant Chatrapal Thakur informed the Police Station Gudhyari that on 19.08.2024, he went PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.25 14:04:19 +0530 2 to join death anniversary and stated in his sister's home. In the night, he was sitting with his nepher near gogaon chow, at the same time, Shekhar Bharti and Gannu were quarreling and abusing each other. The complainant and one Dipesh intervened between them, in between, the co-accused person took knife and attacked on complainant, when Dipesh tried to save him than present applicant attacked on Dipesh and others. Police registered Crime No. 544/2024, under the offence punishable under Section 109, 3(5) of Bharatiya Nyaya Sanhita, 2023. ( in short ‘BNS’) and Sections 25 and 27 of the Arms Act. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the co-accused person has already been granted bail by this Court on 11.12.2024. He further submitted that the charge-sheet has been filed in this case and the applicant is in jail since 09.11.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. He further submitted that the applicant is said to have assaulted the injured, namely, Amit Singh with knife and he has received incised wound on his abdomen and because of that his intestines has protrude, which was found to be grievous in nature. Therefore, the applicant is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact 3 that the applicant is said to have assaulted the injured, namely, Amit Singh with knife and he has received incised wound on his abdomen and because of that intestines to protrude, which was found to be grievous in nature, further the case of the co-accused who has been granted bail by this Court is distinguished from the present applicant, I am not inclined to allow this application. 7 Accordingly, the bail application of the applicant - Pankaj Sarang involved in Crime No.544/2024, registered at Police Station – Gudhyari, District Raipur (C.G.) for the offence punishable under Sections 109 and 3(5) of Bharatiya Nyaya Sanhita, 2023. ( in short ‘BNS’) and Sections 25 and 27 of the Arms Act, is rejected at this stage. 8 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9 OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti