Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:6812
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1054 of 2025 1 - Kamlesh Kumar Sahu S/o Late Shri Gopal Krishna Sahu Aged About 39 Years R/o Village Masul Thana, Ranchirai, District Balod, Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through P.S. Ranchirai, District Balod, Chhattisgarh. ... Non-applicant(s) For Applicant : Mr. Pragalbh Sharma, Advocate. For-Non-applicant: Mr. Amit Verma, PL. For Objector : Mr. Ritesh Verma, Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 06/02/2025
1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 on behalf of the applicant for grant of regular bail to them. Applicant is in custody in connection with Crime No.76/2024 registered at Police Station Ranchirai, District- Balod(C.G.) for the offence punishable under Sections 296 & 109 of B.N.S., 2023. 2. The prosecution story in brief, is that there was some land related dispute between the applicant and the complainant regarding which NISHA DUBEY Digitally signed by NISHA DUBEY
2 a civil suit is also pending; on 24.10.2024 the applicant while hurling abuses at complainant, stabbed on his neck, right rib, left arm and chin and then he ran away from the spot. Injured was admitted in Gunderdehi Hospital for treatment. Based on report lodged by complainant, the applicant was arrested on 25.10.2024. 3. It has been argued by the learned counsel for the applicant that the present applicant has been falsely implicated in the crime in question. He submits that the injured who is the real brother of the applicant though there was a dispute between them with respect to the property and the applicant who was sitting at a shop and it was the injured who approached him. As per case of prosecution, the injured has been assaulted by a button operated knife, whereas the recovery is of a normal knife. He further submits that the injured himself was aggressor and further there was a scuffle between the two. Therefore, he prays for grant of bail. 4. On a question being put to learned counsel for the applicant whether the applicant had received any injuries, he replied that no injury was suffered by applicant . 5.
On the other hand, learned State counsel as also learned counsel appearing for the Objector oppose the bail application and submits the stab injury sustained by the injured is on vital part of the body i.e. neck, which was found to be grievous in nature. 6. I have heard learned counsel for the parties and perused the case
3 diary. 7. Taking into considering the facts and circumstances of the case, nature of allegation and further considering that the trial is under progress, the bail application of applicant- Kamlesh Kumar Sahu, involved in Crime No.76 of 2024, under Section 296 & 109 of B.N.S. at Police Station – Ranchirai, District – Balod(C.G.), is rejected. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 9. Office 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 Nisha