1 2025:CGHC:55422 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8463 of 2025 • Arun Nishad S/o Late Raju Nishad Aged About 22 Years R/o Infront Of Vandana Gas Agency, Mathpara Kurud, P.S. Jamul, Distt. Durg, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through The Station House Officer, P.S. Jamul, Distt. Durg, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Praveen Dhurandhar, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.11.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 402/2025 registered at Police Station - Jamul, District - Durg (C.G.) for the offence punishable under Section 109(1) of BNS. 2. Case of the prosecution, in brief, is that on 06.06.2025, Dehati Nalicy was registered on the instance of brother of injured namely Prakash Yadav to the effect that on 05.06.2025, at night at 11.45 P.M he was informed by one Krishna Vishwakarma that his brother injured namely Rahul Yadav has been assaulted by the applicant by knife on his VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.17 11:36:06 +0530 2 stomach, head, back and other part of body, subsequently he went on the spot and admitted him to the Hospital. It was informed that the enmity injured was assaulted. 3. It is argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in crime in question. He further submits that there was some quarrel took place between the co- accused and injured and the allegation levelled against the present applicant is that he assaulted the injured by knife, as a result injured sustained grievous injuries on his stomach, head, back and other part of the body. He further submits that there is no specific allegation levelled against the applicant and injured also has not named the applicant. He also submits that charge-sheet has already been filed in the present case, the applicant is in jail since 06.06.2025 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that there is one criminal antecedent registered against the present applicant bearing crime No.204 of 2017 registered at Police Station Jamul District – Durg (C.G.), and the charge-sheet has been filed in this case. He further submits that in compliance of the Court’s order dated 27/10/2025, the Director, Directorate of Health Services, Nawa Raipur Atal Nagar, Raipur (C.G), has filed his personal affidavit, in which she stated therein, Dr. Ramakant Chourasiya, who conducted the MLC of the injured is a Doctor in a private hospital i.e., Shankaracharya Institute of Medical Science, Bhilai, Durg, and according to him he has mentioned the weapon of assault in MLC report as was told by injured or his brother. 5. I have heard learned counsel for the parties and perused the case diary. 6. In compliance of the Court’s order dated 27.10.2025, Dr. Ramakant 3 Chourasiya, Shankaracharya Institute of Medical Science, Bhilai, Durg, has also filed his personal affidavit, which is annexed herewith as Annexure- A/1 and relevant paragraph of affidavit which reads as under:- “ xxx xxx xxx 2. घायल राहुल राय को दि ाሪको 06.06.2025 को उसको भाई को ቛኋरा शंकोराचाय अ्ቢताल उपचारा हेता लय गय आहेता को शंरारा को 15x4 cm on neck, 8x6 cm on lumbarregion, 3x2cm on behind the ear ेሰ चाट आय था जि$सस उस चाट को कोराण खू'ाሪ बहे राहे था उसको शंरारा को वि*भिभा्ቐ भाग- परा अाሪको राक्ताቦኋ*यक्ता घा* था । उाሪ चाट- को तात्कोल परा्ቌण कोरा चिचाविकोत्सको4य ቚኘटको6ल को अाሪसरा उपचारा विकोय गय। ेሰरा ቛኋरा घा* को सबध ेሰ आहेता ए* उसको भाई स प'छे $ाሪ परा चाट कोठोरा ए* को *स्ता को ቚኘहेरा स आाሪ बताय जि$सस अ्ቢताल ቚኘबधको को ቛኋरा तात्कोल थााሪ ेሰ स'चााሪ < गय ।" 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the party, allegation levelled against the present applicant is that he assaulted the injured by knife, injuries sustained by the injured on his stomach, head, back and other vital parts of the body are grievous in nature, which is dangerous to life, therefore this Court does not find it to be a fit case to release the applicant on regular bail. 8. Accordingly, the second bail application of the applicant- Arun Nishad involved in Crime No.402/2025 registered at Police Station - Jamul, District - Durg (C.G.) for the offence punishable under Section 109(1) of BNS, is rejected at this stage. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) Chief Justice vaishali