1 2025:CGHC:55873 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9249 of 2025 Abhishek Patel S/o Ramkailash Patel Aged About 25 Years R/o Village - Gada, Thana - Shahpur, Distt - Mauganj (MP) At Present R/o Krishna Nagar, Near Mahatma Gandhi School, House of Radheshyam Sahu, Thana - Gudhiari, Distt. - Raipur Chhattisgarh ... Applicant versus The State of Chhattisgarh Through SHO, Police Station - Ganj, Distt. - Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Samir Singh, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.11.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 137/2025 registered at Police Station – Ganj, District – Raipur (C.G.), for the offence punishable under Sections 109, and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on 25.05.2025, when the complainant/victim Kishan Mishra was standing near Liquor Shop No. 2 with his friends, two unknown persons arrived and assaulted them using ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.19 14:39:27 +0530 2 a beer bottle as well as fists and hands. Based on this incident, a report was lodged, and a case was registered against the applicant. After completion of the investigation, the charge-sheet was filed. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the victim himself fell on the bottle and sustained injuries on his body, and the applicant has been falsely implicated in the said offence. In this case, the co-accused has already been granted bail by this Hon’ble Court. He also submits that the injured persons were taken to the hospital, and the MLC report was prepared. No grievous injury was found on their bodies, and there was no danger to life. However, all of a sudden, the police registered an offence under Section 109 of the BNS and arrested the applicant for the alleged commission of the offence. He further submits that the present applicant has no criminal antecedents and he is in jail since 29.05.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail in the present case. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant, along with the co- accused, assaulted the injured person with a beer bottle as well as with fists and hands, causing the victim to sustain grievous injuries on his abdomen. Insofar as the allegation against the applicant is concerned, he assaulted the injured with a beer bottle, due to which the victim suffered grievous abdominal injuries, whereas the allegation against the co- accused, Sonu Yadav, is that he assaulted the injured with his hands and fists. Therefore, the applicant is not entitled to the grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, the nature of the dispute, and the material available in the case diary, and further considering the fact that the applicant, along with the co-accused, assaulted the injured person with a beer bottle as well as with fists and hands, causing the victim to sustain grievous abdominal injuries, moreover, the fact that the other co- accused, namely Sonu Yadav, was granted regular bail by this Court vide order dated 25.09.2025. However, the case of Sonu Yadav is distinguishable, as he allegedly assaulted the victim only with his hands and fists, resulting in simple injuries, whereas the present applicant’s case involves more serious allegations. Therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the first bail application of the applicant – Abhishek Patel, involved in Crime No. 137/2025 registered at Police Station – Ganj, District – Raipur (C.G.), for the offence punishable under Sections 109, and 3(5) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 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 Abhishek