1 2025:CGHC:14887 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1246 of 2025 Kamal Kshatriya S/o Prakash Kshatriya Aged About 25 Years R/o B.S.U.P Colony, 16/12, P.S Khamardih, District- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through SHO Police Station Khamardih, District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Shalvik Tiwari, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 23/2025, registered at Police Station Khamardih, District- Raipur (CG) for the offence punishable under Sections 296, 115(2), 351, 118(2) of Bharatiya Nayay Sanhita (for AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 short ‘BNS’). 2. The prosecution story in brief, is that the complainant, Sukanti Deep, resides with her family at Kachna B.S. U.P. Colony, House No. 16/06, Thana Khamhardih, District Raipur. The accused also lives in the same block. On December 31, 2024, around midnight, when New Year's celebrations were underway in the neighborhood, the applicant was on her way to a store. She encountered the accused, who was intoxicated, and he began verbally abusing her and picking a fight. The applicant managed to escape and returned home after purchasing items from the store. However, the accused followed her and threatened to kill her outside her residence. He then struck her left ear with a sharp object, causing injury. Thereafter, aforesaid offence has been registered against the applicant and subsequently, he has been arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that there is 16 days of delay without any explanation in lodging the FIR, further there is no seizure of any weapon of assaulted has been made from the present applicant, which shows that the applicant has not assaulted the injured/complainant. The applicant is in jail since 24.01.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that applicant had assaulted the injured/complainant with sharp edged weapon at back of her ear causing her grievous injuries and as per query report, the injured had to undergo surgery for skin grafting of her amputated ear, therefore, applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy, also considering the nature of injuries sustained by the complainant/injured at the back of her ear, which is grievous in nature and as per query report, the complainant/injured had to undergo surgery for skin grafting of her amputated ear, as such, without expressing any opinion on the merits of the case, 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-Kamal Kshatriya, involved in Crime No. 23/2025, registered at Police Station Khamardih, District- Raipur (CG) for the offence punishable under Sections 296, 115(2), 351, 118(2) of, is rejected. 8. Needless to say that the trial Court concerned is at liberty to 4 proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil