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2026 DAILYLAW 11010 (CHH)

NARAYAN DHRUV URF NARU v. STATE OF CHHATTISGARH

MCRC/1129/2026 · 2026-02-02

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Judgment text

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1 2026:CGHC:5996 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1129 of 2026 Narayan Dhruv Urf Naru S/o Mohan Lal Dhruv Aged About 20 Years R/o Bajrang Chowk, Kumhari, Police Station- Kumhari, District- Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Thana - Kumhari, District- Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. Chandresh Shrivastava, Advocate. For Respondent(s) : Ms. Anusha Naik, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.02.2026 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. 153/2025, registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Kumhari, District- Durg (CG) for the offence punishable under Sections 296, 351(3), 109, 191(1), 191(2), 191(3) of BNS. 2. The prosecution story in brief, is that the applicant/accused Narayan Dhruv @ Naru abused the injured Gaurav Tiwari with filthy mother-sister related abuses and threatened to kill him, and along with the co-accused, armed with a sharp knife, committed rioting. It is further alleged that the applicant inflicted a knife blow on the abdomen of the injured with the intention to kill, causing grievous injuries, which led to the registration of alleged offence against the applicant and subsequently, the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated on the basis of omnibus and generalized allegations recorded at a later stage, and the prosecution has failed to collect any independent material to establish his involvement in the alleged offence. The arrest of the applicant is based merely on vague and sweeping allegations without attribution of any specific overt act distinct from that of the co- accused. The observation of the learned Court below treating the applicant as the “main accused” is founded solely on the unproved allegations in the charge-sheet, which is impermissible at the stage of bail. Further, undue reliance has been placed on the medical report, whereas medical evidence is a matter of appreciation during trial and cannot be used conclusively to deny 3 liberty at the pre-trial stage. He further submits that co-accused, Kaushal Sonkar and Harsh Sonkar have already been granted bail by this Hon’ble Court in MCRC No. 9635/2025 vide order dated 05.01.2026, and the applicant stands on the same footing. The applicant is a young person, and even as per the complaint, the incident occurred in the spur of the moment with the victim being the aggressor. The charge-sheet has already been filed, custodial interrogation is complete, and no further recovery or investigation is required from the applicant. The applicant is in jail since 10.08.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 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 the applicant abused the injured, Gaurav Tiwari with filthy and obscene language, threatened him with dire consequences, and in furtherance of common intention, along with the co-accused persons, armed with a sharp and deadly weapon, committed rioting, the applicant, with the intention to commit murder, inflicted a knife blow on the abdomen of the injured, thereby causing grievous and life-threatening injuries. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant abused the injured, Gaurav Tiwari with filthy and obscene language, threatened him with dire consequences, and in furtherance of common intention, along with the co- accused persons, armed with a sharp and deadly weapon, committed rioting, the applicant, with the intention to commit murder, inflicted a knife blow on the abdomen of the injured, thereby causing grievous and life-threatening injuries. As per the case diary and medical report, the said assault resulted in the protrusion of the intestines of the injured, placing him in a critical condition. Further, it was revealed that, present applicant is the main accused and that his role is distinct and graver than that of the co-accused persons on which counsel for the applicant is placing reliance, 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-Narayan Dhruv Urf Naru, involved in Crime No. 153/2025, registered at Police Station Kumhari, District- Durg (CG) for the offence punishable under Sections 296, 351(3), 109, 191(1), 191(2), 191(3) of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 5 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