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2026 DAILYLAW 15500 (CHH)

L NARESH v. STATE OF CHHATTISGARH

MCRC/607/2026 · 2026-01-15

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Judgment text

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1 2026:CGHC:2815 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 607 of 2026 L Naresh S/o L Dina Aged About 22 Years R/o Nakamma Mohalla, Balaji Nagar, Ps Khursipar, Khursipar, Durg (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Khursipar, District Durg (Chhattisgarh) ... Non-Applicant For Applicant : Mr. Aman Pandey, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.01.2026 1. This is the second bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 181/2024 registered at Police Station – Khursipar, District Durg (C.G.) for the offence punishable under Section 109 of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Section 25 & 27 of the Arms Act. 2. The earlier bail application of the applicant being MCRC No. 1148 of 2025 was rejected by this Court vide order dated 15.04.2025 on merits. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. The case of the prosecution, in brief, is that on 19.09.2024, a complaint was registered at Police Station Khursipar alleging that while the complainant was standing near the Odia Shop at about 9:30 p.m., the applicant arrived there and started abusing the complainant in connection with their earlier disputes. It is further alleged that, with an intention to cause death, the applicant assaulted the complainant with a knife, causing an injury on his stomach. After completion of investigation, the police filed the charge-sheet and, as per the MLC report, though the injury has been opined to be grievous in nature, there is no observation that the said injury was sufÏcient in the ordinary course of nature to cause death. 4. Learned counsel for the applicant submits that, the first bail application of the applicant was rejected by this Court on merits. He further submits that after dismissal of the first bail application, the doctor who conducted the medical examination was examined before the learned Trial Court and she has categorically deposed that the injuries sustained by the victim were simple in nature, and on account of this subsequent development, the present second bail application has been filed. It is further submitted that there is no material on record collected by the prosecution to connect the applicant with the commission of the alleged offence and that he has been falsely implicated without any substantive evidence. He further submits that there are material contradictions in the statements of prosecution witnesses recorded under Section 161 of the Code of Criminal Procedure and that the MLC was conducted 3 after an unexplained delay of about 12 hours, without any specific medical opinion regarding the nature of injuries sufÏcient to cause death. It is also submitted that the injuries allegedly sustained by the complainant are not sufÏcient in the ordinary course of nature to cause death and, therefore, no offence under Section 307 IPC is made out against the applicant, particularly when the case pertains to a single blow and not an act committed with intention to cause death. He also submits that the applicant is in jail since 20.09.2024, he has no criminal antecedents. Hence, he prays for grant of second bail to the applicant. 5. On the other hand, learned State counsel opposes the second bail application of the present applicant and submits that the applicant assaulted the complainant with a knife with intent to cause death. It is further submitted that as per the MLC Report and the doctor’s opinion, the injuries are grievous in nature and dangerous to life. Hence, it is contended that the applicant does not deserve any relief at this stage. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that the first bail application of the applicant was rejected by this Court on merits though the applicant is languishing in jail since 20.09.2024, but the applicant assaulted the complainant with a knife with intent to cause death and as per the MLC Report and the doctor’s opinion, the injuries are grievous in nature and dangerous to life, therefore, I am not inclined to grant second bail to the 4 applicant. 8. Accordingly, the second bail application of the applicant – L Naresh, involved in Crime No. 181/2024 registered at Police Station – Khursipar, District Durg (C.G.) for the offence punishable under Section 109 of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Section 25 & 27 of the Arms Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 Rahul Dewangan