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2025 DAILYLAW 6338 (CHH)

RAJESH SONI v. STATE OF CHHATTISGARH

MCRC/1077/2025 · 2025-02-06

body2025

Judgment text

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1 2025:CGHC:6805 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1077 of 2025 Rajesh Soni, S/o Shri Mohit Ram, Aged About 32 Years, Caste Sonar, R/o Jagarnathpur Out Post Kunni, P.S. And Tahsil Lakhanpur District Surguja, Chhattisgarh ... Petitioner versus State Of Chhattisgarh Through P.S. Incharge P.S. - Lakhanpur District Surguja Chhattisgarh ... Respondent For Petitioner : Mr. Anuj Kumar Pandey, Advocate For Respondent : Mr. Bhrat Kumar Gulbani, P.L. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sahinta for grant of regular bail, as she has been arrested in connection with Crime No.270/2024, registered at Police Station- Lakhanpur District- Surguja, (C.G.), for the offence punishable under Sections 296, 351(2), 115(2), 109 and 3(5) of B.N.S. 2 2. The prosecution story in brief, the complainant filed a complaint against the applicant and co-accused Vikash Manjhi, alleging that they assaulted her husband with bricks and wooden stick (danda), due to which, her husband sustained fracture on head and leg , on the basis of aforesaid complaint, FIR was lodged at the Lakhanpur Police Station, Surguja District (Chhattisgarh), against the applicant and co-accused Vikash Manjhi, and registered the offence against them for the offence punishable under Sections 296, 351(2), 115(2), 109 and 3(5) of B.N.S. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. It is submitted that the applicant has been involved in this case only on account of land dispute between the applicant and the husband of the complainant. It is also submitted that there is no ingredients of the alleged offence are there against the applicant and there is no material on record, which makes out prima-facie case against the applicant. He lastly submits that the applicant is in jail since 04.12.2024, and the conclusion of the trial is likely to take some more time for its conclusion. Therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that looking to the nature and gravity of offence committed by the present applicant, he is not entitled to bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and the fact that the applicant and the co-accused Vikas Manjhi have assaulted the husband of the complainant with the help of bricks and wooden stick, as a result thereof, husband of the complainant has received injuries on his head and leg and there was depressed fractured of frontal bone and left bone orbit and further considering the nature and gravity of offence as also the medical evidence, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant – Rajesh Soni involved in Crime No.270/2024, registered at Police Station- Lakhanpur District-Surguja, (C.G.), for the offence punishable under Sections 296, 351(2), 115(2), 109 and 3(5) of B.N.S., is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Arpan