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2025 DAILYLAW 8634 (CHH)

LAXMAN CHATURVEDI v. STATE OF CHHATTISGARH

MCRC/1258/2025 · 2025-02-13

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Judgment text

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1 2025:CGHC:7741 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1258 of 2025 Laxman Chaturvedi S/o Dilharan Chaturvedi Aged About 19 Years R/o- House No. 18 Atal Awwas Bogda Puliya Jamul Tehsil And District- Durg ( C.G. ). ... Applicant versus State of Chhattisgarh Through- SHO, Police Station Jamul, District – Durg (C.G.). …. Non-applicant For Applicant : Mr. Aman Tamrakar, Advocate. For Non-applicant/State : Dr. Sourabh Pandey, Dy. Advocate General. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 13.02.2025 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. 76/2024 registered at Police Station – Jamul, District – Durg (C.G.) for the offence punishable under Sections 294, 506, 323, 324, 326 and 34 of the Indian Penal Code (IPC). 2. Case of the prosecution, in brief, is that the complainant lodged a report that on 03.03.2024 when he was in front of his home the accused persons came there and over the old enmity they abused RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI Date: 2025.02.13 17:35:01 +0530 2 complainant Ankit Giri and stated assaulting him with a small thermacol cutter and during the course of investigation the applicant and other co-accused have been arrested and it is alleged that they beaten the complainant and he sustained grievous injuries. 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 submitted that the applicants are in jail since 28.12.2024, 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 along with the co-accused is said to have assaulted the injured with thermacol cutter on his neck, and subsequently, the offence under Section 324 and 326 of the IPC has been added, from the perusal of the MLC Report and as per the doctor’s opinion, the injuries are grievous in nature and dangerous to life, as the applicant has undergone a surgery and also admitted in hospital for about 10 days. 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 co-accused is said to have assaulted the injured with thermacol cutter on his neck, and subsequently, the offence under Section 324 and 326 of the IPC has been added, from the perusal of the MLC Report and as per the doctor’s opinion, the 3 injuries are grievous in nature and dangerous to life, as the applicant has undergone a surgery and also admitted in hospital for about 10 days, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, this bail application of applicant – Laxman Chaturvedi involved in Crime No. 76/2024 registered at Police Station – Jamul, District – Durg (C.G.) for the offence punishable under Sections 294, 506, 323, 324, 326 and 34 of the IPC, is rejected at this stage. 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