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2026 DAILYLAW 14829 (CHH)

SAGAR SHARMA @ KRISH SHARMA v. STATE OF CHHATTISGARH

MCRC/4161/2026 · 2026-05-04

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Judgment text

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1 2026:CGHC:20966 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4161 of 2026 Sagar Sharma @ Krish Sharma S/o Late Madhav Sharma Aged About 19 Years R/o Sindhiya Nagar, Near K.P.S. School, Near Raipur Naka, Durg, Tehsil And District Durg, Chhattisgarh (As Per The Cause Title Of The Bail Rejection Order) ... Applicant(s) versus State Of Chhattisgarh Through S.H.O., Police Station Mohan Nagar, District Durg Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Shikhar Bakhtiyar, Advocate. For Respondent(s) : Mr. Saumya Rai, Deputy Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.05.2026 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 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 connection with Crime No. 11/2026, registered at Police Station Mohan Nagar, District Durg (CG) for the offence punishable under Sections 109, 3(5) of BNS and Section 25, 27 of Arms Act. 2. The prosecution story in brief, is that the complainant, Smt. Sudha Das, lodged a report at Police Station Mohan Nagar stating that on 06.01.2026 at about 3:00 PM, she received information over phone that her son Rahul had been stabbed and was taken to the District Hospital, Durg. Upon reaching the hospital, she found that her son was being shifted to Mekahara Hospital, Raipur, and she accompanied him. After the operation, her son informed her that upon being called by the applicant/accused Sagar Sharma, he had gone along with his friend Seebu near Rajat Home in Harinagar, where Sagar Sharma and his associate Vicky @ Vikas Singhare confronted him, accusing him of acting as a police informant. Thereafter, Vicky caught hold of Rahul from behind, and Sagar Sharma, with an intention to kill, assaulted him with a sharp-edged knife, causing serious injury to his abdomen. On the basis of the said report, Crime No. 11/2026 was registered against the applicant/accused Sagar Sharma and co-accused Vicky Singhare under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita. During investigation, the applicant was arrested on 07.01.2026, and a knife used in the commission of the offence was seized from his possession. The medical report indicates that the injury sustained by the victim was grievous in nature, and he remained admitted in Dr. Bhimrao Ambedkar Memorial Hospital, 3 Raipur, from 06.01.2026 to 23.01.2026 for treatment. After completion of investigation, the charge-sheet was filed on 28.03.2026, hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is 19 year old young boy and has falsely been implicated in the present offence. He further submits that as per the prosecution’s own case, the allegation against the applicant is limited to a single blow allegedly inflicted on the abdomen of the injured Rahul, and there is no allegation of repeated or multiple assaults; hence, the ingredients of the offence, as alleged, are not fully made out. He also submits that the no such incident, as alleged, has taken place. It is contended that the victim and his friend were consuming alcohol at the spot, and when the applicant reached there upon being called, he objected to their conduct and warned them that he would inform their family members, after which he left the place. The applicant has been falsely implicated in the present case, and in support thereof, a copy of the admission ticket has been filed as Annexure A/3. The applicant is in jail since 07.01.2026 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. He further submits that the applicant allegedly in connivance with a co-accused, 4 assaulted the injured, Rahul by inflicting a knife blow on his abdomen with an alleged intention to kill, while the co-accused restrained the victim. Further the knife used in the commission of the offence was recovered from the present applicant. So far as the injuries sustained by the injured is concerend, the injured sustained grievous stab injury on his abdomen and remained hospitalized from 06.01.2026 to 23.01.2026 for treatment, 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. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant is alleged to have inflicted a knife blow on the abdomen of the injured with an intention to cause his death, the role attributed to him appears to be grave and specific, the injury sustained by the victim is grievous in nature, and the injured remained hospitalized from 06.01.2026 to 23.01.2026 for treatment. Moreover, the weapon used in the commission of the offence has been recovered from the possession of the present applicant, which prima facie corroborates the prosecution case. In view of the aforesaid facts and circumstances, this Court does not find it a fit case to enlarge the applicant on bail at this stage. 7. Accordingly, the bail application of applicant-Sagar Sharma @ Krish Sharma, involved in Crime No. 11/2026, registered at 5 Police Station Mohan Nagar, District Durg (CG) for the offence punishable under Sections 109, 3(5) 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