1 2025:CGHC:17231 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1148 of 2025 L Naresh S/o L Dina Aged About 22 Years R/o Nakamma Mohalla, Balaji Nagar, Ps Khursipar, Khursipar, Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Khursipar, District Durg (Chhattisgarh) ... Respondent For Applicant : Mr. Aman Pandey, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 15.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.181/2024, registered at Police Station – Khursipar District – Durg (C.G.) for the alleged commission of offence punishable under VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.04.17 15:59:45 +0530 2 Sections 109 of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 & 27 of Arms Act. 3. As per the story of the prosecution on 19.09.2024 a compliant was registered at PS Khursipar alleging that the Complainant was standing near Odia Shop and at around 9:30 PM the applicant came and started abusing the Complainant in relation to their earlier disputes. It is further alleged that with an intent to cause death the Applicant assaulted the Complainant with knife in his stomach. After investigation the Police has filed its charge-sheet and as per the MLC report though the nature of injury alleged to be cause is grievous however, there is no observation that the same is sufficient to cause death. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that there is no material collected by the prosecution to tie the present applicant to commission of the alleged offences and he has been falsely implicated in the case without any evidence against him. There are glaring differences between the statement given by the prosecution witnesses under Section 161 of CrPC. Moreover, the MLC was conducted after 12 hours of the commission of the alleged offence and there is no opinion of the doctor regarding nature of injuries sustained by the complainant The prosecution has failed to provide credible proof of the applicant’s involvement, and the charges appear to be based solely on personal enmity. He further submits that there is no direct or corroborative evidence linking the applicant to the 3 alleged offence, he has been falsely implicated in the present case, therefore, he prays for releasing the applicant on regular bail. 5. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant and submits that the applicant assaulted the complainant with knife in his stomach due to which the injured received grievous in nature, therefore, the applicant is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the nature and gravity of the offence and material on record in the case diary, In compliance of the Court’s order dated 10.03.2025, the medical report which has been submitted by the medical board, mentioning the nature of injuries as grievous and the applicant assaulted the injured by knife due to which the injured sustained grievous injuries on his vital part of the body i.e. stomach, therefore, I am not inclined to grant regular bail to the applicant. 8. Accordingly, the anticipatory bail application of the applicant – L Naresh, involved in Crime No. 181/2024, registered at Police Station – Khursipar District – Durg (C.G.) for the alleged commission of offence punishable under Sections 109 of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 & 27 of Arms Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav