1 2025:CGHC:57003 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9526 of 2025 • Khuleshwar @ Phuleshwar Rathiya S/o Shri Yuvraj Singh Aged About 21 Years R/o Village - Gadaynbahari, P.S. Chhal, District - Raigarh (C.G.) ... Applicant versus • The State of Chhattisgarh Through The District Magistrate, P.S. - Chhal, District - Raigarh (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rajendra Patel, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/11/2025 1. This is 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.163/2025 registered at Police Station- Chhal , District - Raigarh (C.G.), for the offence punishable under Sections 109(1) of Bhartiya Nyaya Sanhita. 2. The prosecution story in brief, is that on 11.09.2025 a report was lodged by Sumit Rathore at Police Station – Chhal to the effect that VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.26 11:03:29 +0530 2 he along with Sunil Shrivas Team Leader were going to Navapara on a motorcycle at about 4:00 pm and after reaching 100 meters from the liquor shop Sunil parked his motorcycle on the roadside. At that very moment, a man on a motorcycle approached them from the village of Gadayinbahari and started having dispute and began abusing Sunil, then hit Sunil on the head with the shovel due to which he fell the ground. Thereafter, complainant informed Sunil’s brother via mobile and on the basis of said incident FIR has been lodged against the applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and further submits that the allegation levelled against the present applicant is that he assaulted the injured with the help of shovel, as a result injured sustained injury on his head. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 13.09.2025 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 opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that injury sustained by the injured are grievous in nature, as per CT Scan report of brain, there is one fracture present in the left temporal bone with adjacent soft tissue swelling and hematoma in the scalp, hence the bail application of the applicant liable to be rejected, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 3 6. Taking into consideration the fact and circumstances of the case, submissions made by learned counsel for the parties, allegation levelled against the present applicant and considering the fact that injury sustained by the injured is grievous in nature and dangerous to life, thus this Court is of the view that it is not a fit case to release the applicant on bail. 7. Accordingly, the Third bail application of the applicant namely Khuleshwar @ Phuleshwar Rathiya involved in Crime No.163/2025 registered at Police Station- Chhal , District - Raigarh (C.G.), for the offence punishable under Sections 109(1) of Bhartiya Nyaya Sanhita, is rejected at this stage. 8. Office 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 vaishali