1 2025:CGHC:60448 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10240 of 2025 Arvind Chauhan S/o Lt. Lalit Chauhan Aged About 24 Years R/o Rambhatha Ward No. 04 Raigarh, Tehsil And District- Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through - Police Station - City Kotwali Raigarh, District- Raigarh (C.G.) ... Non-Applicant For Applicant : Mr. Manoj Kumar Jaiswal, Advocate For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 359/2025 registered at Police Station- City Kotwali Raigarh, District- Raigarh, (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 191(2), 191(3), 190, 118(2), 109(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story in brief, is that on 23.07.2025 at around 2:00 AM, the present applicant along with other co-accused persons allegedly assaulted the complainant, Govinda Sarthi, with a knife, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 stick, hands and fists due to previous enmity. The complainant sustained grievous injuries. On the basis of the complaint, the police registered an offence under Sections 296, 351(2), 115(2), 191(2), 191(3), 190, 118(2), 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and subsequently arrested the applicant. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present offence. It is contended that the applicant has not committed any act constituting the alleged crime, and the FIR has been wrongly registered against him despite the fact that no material or incriminating article has been seized from his possession. It is further submitted that the applicant has no active role in the incident and the ingredients of the alleged offences are not made out against him. He further submits that the applicant has no previous criminal antecedents and he is in jail since 20.08.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge- sheet has been submitted before the competent Court. He also submits that the allegations against the applicant are grave and serious in nature. It is contended that the present applicant, along with other co-accused persons, formed an unlawful assembly during late night hours and brutally assaulted the injured/ complainant, Govinda Sarthi, due to previous enmity. The medical report shows that the injured sustained seven injuries, including 3 lacerated wounds caused by sticks (danda) and incised wounds caused by a knife, which clearly indicate the use of deadly weapons. It is further submitted that the nature of injuries has been opined as dangerous to life, demonstrating the intention and severity of the assault. Considering the gravity of the offence, the armed assault, and the seriousness of injuries, the applicant is not entitled to the grant of regular bail 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the material collected during investigation, and the nature of allegations against the present applicant, this Court finds that the applicant, along with other co-accused persons, had assaulted the injured Govinda Sarthi during late night hours due to previous enmity. The medical report reflects that the victim sustained seven injuries, including lacerated wounds caused by hard and blunt object (danda) and incised wounds caused by a knife, and the injuries have been opined to be grievous and dangerous to life. The use of deadly weapons, the number of injuries, and the manner of assault clearly demonstrate the brutality of the attack. At this stage, there appears to be sufÏcient material showing active participation of the applicant in the commission of the offence. In view of the seriousness of the allegations, the grievous nature of injuries, and the potential threat to the complainant and witnesses, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 4 7. Accordingly, the bail application of applicant – Arvind Chauhan, involved in Crime No. 359/2025 registered at Police Station- City Kotwali Raigarh, District- Raigarh, (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 191(2), 191(3), 190, 118(2), 109(1) and 3(5) of Bharatiya 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. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan