1 2025:CGHC:56466 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8479 of 2025 Arshad Ali @ Monti S/o Sheikh Akram Aged About 21 Years R/o Near Masjid Ashwani Nagar, District- Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer, Police Station New Rajendra Nagar, Raipur District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. C.R. Sahu, Advocate. For Non-Applicant/State : Mr. Swajeet Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.11.2025 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. 65/2025 registered at Police Station – New Rajendra Nagar, District – Raipur (C.G.), for the offence punishable under Sections 296, 109, 121, 121(a) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act. 2. As per the prosecution case, the complainant lodged a report at the concerned police station alleging, inter alia, that on the date of the incident, a simple dispute arose between the accused persons and the complainant, and thereafter they assaulted the complainant with a knife, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.21 11:03:49 +0530 2 as a result of which the complainant sustained simple injuries. Based on the said complaint, the concerned police registered a case against the applicant for the offences under Sections 296, 109, 121, and 121(a) of the B.N.S., 2023, and Sections 25 and 27 of the Arms Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that at the time of the incident, there was only a simple dispute between the applicant and the complainant. However, the applicant neither assaulted the injured person nor committed any of the offences alleged by the prosecution against him. He also submits that there is no ingredient of the offences punishable under Sections 296, 109, 121, and 121(a) of the B.N.S., 2023, or Sections 25 and 27 of the Arms Act in the prosecution story so far as it concerns the present applicant. The prosecution has not collected sufÏcient material against the present applicant regarding the alleged incident. The police authorities did not conduct a proper investigation before registering the FIR against the present applicant, and solely on the basis of mere suspicion, the applicant has been falsely implicated and arrested on a false allegation. He further submits that the police have not seized any alleged article from the applicant, and the applicant has not committed any loot of the seized article. The applicant has been arrested solely on the basis of a memorandum statement. He submits that the present applicant has no criminal antecedents and he is in jail since 12.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that the applicant, along with the other co-accused persons, assaulted the injured persons with a knife and a wooden stick, due to which the injured sustained grievous 3 stab injuries on his back. The police have also seized a knife from the present applicant. He further submits that the other four co-accused persons are still absconding. Considering the seriousness of the allegations against the applicant, he is not entitled to the grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the 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 other co-accused persons, assaulted the injured persons with a knife and a wooden stick, causing the injured to sustain grievous stab injuries on his back, and that the police have also seized a knife from the present applicant, 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 – Arshad Ali @ Monti, involved in Crime No. 65/2025 registered at Police Station – New Rajendra Nagar, District – Raipur (C.G.), for the offence punishable under Sections 296, 109, 121, 121(a) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, 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