1 2026:CGHC:6772 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1328 of 2026 Harsh Mahanand @ Chhotu S/o Shri Teju Mahanand Aged About 21 Years R/o House No. 1161, R.V.H. Colony, School Para, P.S. Khamtarai, Distt.- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- P.S. Khamtarai, Distt. Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pragalbha Sharma, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.02.2026 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. 1104/2025, registered at Police Station 2 Khamtarai, Distt. Raipur (CG) for the offence punishable under Sections 296, 115(2), 351(2), 109 of BNS and Section 25 & 27 of Arms Act. 2. The prosecution story in brief, is that complainant, Shubh Kumar, a resident of R.V.H. Colony, Khamtarai and a student of Class X, along with his friends Daksh Behra and Saroj Bag, was celebrating the birthday of Daksh Behra on 14.10.2025 at the W.R.S. Colony Railway Institute. At about 12:30 a.m., the accused Harsh Mahanand @ Chhotu arrived at the spot, abused them in filthy language, threatened to kill them, and warned them to leave the place. Thereafter, the accused assaulted Saroj Bag with a sharp iron button knife, causing a serious injury to his abdomen and also inflicted injury near his ear, and then fled from the spot. Saroj Bag sustained grievous injuries and was admitted to Harijan Hospital, Telibandha, while Daksh Behra also received injury near his ear. On the basis of the report lodged by the complainant, Crime No. 1104/2025 was registered at Police Outpost Khamtarai under Sections 296, 351(2), 115(2) of the Bharatiya Nyaya Sanhita. During investigation, the spot map was prepared, forensic inspection was conducted, and statements of witnesses were recorded. The accused was traced, arrested, and on the basis of his memorandum statement, a button-operated iron knife and a cream-coloured shirt stained with blood were seized. Blood- stained clothes of the injured were also seized. In view of the grievous nature of injuries and surgical operation on the intestines 3 of the injured, Section 109 BNS and Sections 25 and 27 of the Arms Act were added. After completion of investigation, and pending receipt of the FSL report, the prosecution submitted the charge-sheet against accused, Harsh Mahanand @ Chhotu for offences under Sections 296, 351(2), 115(2), 109 of the BNS and Sections 25 and 27 of the Arms Act, alleging that the accused committed a life-threatening knife attack with the intention to kill. 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 on the night of the alleged incident, the applicant was returning home from his workplace when he came across the complainant and his friends, who were in an intoxicated condition and were quarrelling amongst themselves. When the applicant merely requested them to give him passage to proceed towards his home, the said persons got offended and, in order to conceal their own misconduct, lodged a false report against the applicant. He further submits that there is no legal or reliable material available on record to constitute the alleged offences against the applicant. The investigation has already been completed and the charge-sheet has been filed before the competent Court, therefore no further custodial detention of the applicant is required. The applicant is in jail since 15.10.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for 4 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 allegation against the applicant is that he abused the complainant and his friends, threatened them with death, and assaulted the injured, Saroj Bag with a button-operated knife, causing a grievous, life-threatening injury to his abdomen, with the intention to kill, therefore the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the impugned order and case diary, it prima facie appears that on 14.10.2025 at about 12:30 A.M., the applicant arrived at the W.R.S. Colony Railway Institute, where the complainant, Shubh Kumar along with Daksh Behra and Saroj Bag were present, the applicant allegedly abused them in filthy language, threatened to kill them, and asked them to leave the place. Thereafter, the applicant is alleged to have attacked Saroj Bag with a sharp iron button-operated knife, causing a deep and grievous injury on his abdomen, and also inflicted an injury near his ear and due to the said assault, Saroj Bag sustained grievous and life-threatening injuries, including injury to the intestines, for which a surgical operation was required. Additionally, Daksh 5 Behra also received an injury near his ear during the incident, looking to the seriousness of the crime and the manner in which the accused persons assaulted the two injured persons, 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-Harsh Mahanand @ Chhotu, involved in Crime No. 1104/2025, registered at Police Station Khamtarai, Distt. Raipur (CG) for the offence punishable under Sections 296, 115(2), 351(2), 109 of BNS and Section 25 & 27 of Arms Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded 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