1 2025:CGHC:7053 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 991 of 2025 Sameer Urf Raja Chauhan S/o Chhotelal Chauhan Aged About 20 Years R/o Village Kosampali Thana Kotararod Tehisl And District - Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer Police Station Kotararod, District – Raigarh (C.G.) …. Non-applicant For Applicant : Mr. Pradeep Kumar Singh, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 07.02.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No. 347/2024 registered at Police Station – Kotararod, District – Raigarh (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5), and 109 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Case of the prosecution, in brief, is that on 13.10.2024, complainant Israr Khan received a phone call from Kailash who is friend of victim Riyaz Khan, Kailash informed Israr that fight took place and victim RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Riyaz Khan is hurt badly and he has been taken to the Hospital. Then complainant Israr Khan with his mother went to Hospital then they saw that Riyaz Khan is hurt and also the friends of the victim named Prakash Jaate and Kunal Patel are injured. Then Kailash narrated the incident to complainant that on 13.10.2024 and others were returning from Police Station towards Kirodimal Nagar. When they reached near over bridge main road, then Golu, Sameer @ Raja Chouhan, Banti Chouhan and other persons came to them and due to old enmity they uttered obscene words, threatened victim to cause death thereby intimidated them and voluntarily cause hurt to victim by use of fist, hand and Bamboo stick and they injured him after that Riyaz Khan was taken to Jindal Hospital, then Police completed investigation and submitted final report under Section 193 of BNSS. Hence, this application. 3. Learned counsel appearing for the applicants submits that the applicants are innocent and has been falsely implicated in the present case. It is further submitted that the co-accused person has been granted bail by this Court vide order dated 17.01.2025 passed in MCRC Nos. 8986/2024. It is submitted that the applicants are in jail since 15.10.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel, opposes the bail application and submits that the applicant is said to have assaulted the injured with Bamboo Stick, though there were 3 injured persons out of which 2 had received simple injuries but the 3rd one has suffered grievous injuries on his person and had sustained multiple fractures on his frontal bone and parietal bone and subsequently admitted in 3 ICU at Jindal Hospital, and as per the X-ray Report and the doctor’s opinion, the injuries are grievous in nature and dangerous to life. Further the case of the co-accused persons are distinguishable from the facts and circumstances of the present case, as the co-accused persons are said to have assaulted the injured with hand and fists. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that the applicant is said to have assaulted the injured with Bamboo Stick, though there were 3 injured persons out of which 2 had received simple injuries but the 3rd one has suffered grievous injuries on his person and had sustained multiple fractures on his frontal bone and parietal bone and subsequently admitted in ICU at Jindal Hospital, and as per the X-ray Report and the doctor’s opinion, the injuries are grievous in nature and dangerous to life, further the case of the co-accused persons are distinguishable from the facts and circumstances of the present case, as the co-accused persons are said to have assaulted the injured with hand and fists, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. 7. Accordingly, this bail application of applicant – Sameer Urf Raja Chauhan involved in Crime No. 347/2024 registered at Police Station – Kotararod, District – Raigarh (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5), and 109 of the BNS, is rejected at this stage. 4 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 Rajshekhar