Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:53479
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8636 of 2025 Dhanraj Gaharwal S/o Lt. Gopal Gaharwal Aged About 19 Years R/o Indratama Nagar, Sidhi Vnayak Chowk, Ward No. 49, New Rajendra Nagar, District - Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. New Rajendra Nagar, Distt. Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Awadh Tripathi, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 31.10.2025
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.477/2024, (as per FIR) wrongly mentioned in Annexure A/1 registered at Police Station – Rajendra Nagar, District Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 109 of Bharatiya Nyaya Sanhita, 2023 and Sections 25, 27 of Arms Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.01 12:14:53 +0530
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2. The prosecution's case, in brief, is that on 22.12.2024, at around 5:00-5:15 AM, the complainant's mother was cleaning the road in front of the applicant's house. The applicant approached her, abused her, and asked why she was wetting the road. When the complainant's mother objected, the applicant threatened to kill her and stabbed her in the chest and abdomen with a knife. As the complainant's mother tried to flee, the applicant stabbed her in the back. When the complainant intervened, the applicant fled with the knife, and the complainant's mother escaped by entering the neighbor Kesari's house. Based on the complainant's complaint, the charge sheet has been filed, and the present applicant was arrested in connection with the alleged offence. 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 applicant has no previous criminal record registered against him. It is further submitted that the injured sustained stab wounds allegedly caused by a household knife, for which she was referred to the hospital. The attending doctor did not provide any specific opinion regarding the severity of the injuries. However, from the description and size of the wounds, it appears that the injuries were simple in nature, as there was no active bleeding at the time of medical examination.
The injured was kept under medical observation for only eight days, which clearly indicates that the injuries were neither grievous nor life-threatening. A copy of the medical record of the injured is annexed herewith and marked as Annexure A/3. The learned counsel further submits that
3 the applicant is a 19-year-old boy who has been in judicial custody since 23.12.2024. The charge-sheet has already been filed 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 submits that from a perusal of the case record, it is evident that after the accused/applicant allegedly stabbed the victim who is a lady in the chest and abdomen with a knife, a certified copy of the treatment documents from Dr. Bhimrao Ambedkar Memorial Hospital, Raipur has been attached to the case file. According to these documents, the victim Kalyani Dhruv was admitted to the hospital from 22.12.2024 to 28.12.2024. The consent form attached with the treatment papers of Kalyani Dhruv mentions that the patient had sustained a deep knife injury to the abdomen, and the consent for medical treatment was duly given. The admission ticket also records injuries to the chest, abdomen, and back side, and notes that the patient was referred to the General Surgery Unit. According to the medical papers submitted, the victim was provided with the necessary treatment. As per the query report issued by Dr. Virendra Pratap Singh, it is noted that had the victim not received immediate medical treatment, death could have occurred, which prima facie indicates that the victim sustained serious injuries. Considering the offence registered against the accused, the nature of the act committed, and the overall circumstances of the case, the applicant is not entitled to be released on bail. 4
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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, the nature and gravity of the allegations levelled against the applicant, and the fact that the applicant is alleged to have assaulted the victim, a woman, with a knife six times, causing stab wounds on the chest, abdomen, and back, which have been found to be grievous in nature and dangerous to life, this Court is of the view that the applicant is not entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant - Dhanraj Gaharwal involved in Crime No.477/2024, (as per FIR) wrongly mentioned in Annexure A/1 registered at Police Station – Rajendra Nagar, District Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 109 of Bharatiya Nyaya Sanhita, 2023 and Sections 25, 27 of Arms Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti