1 2026:CGHC:22674 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3191 of 2026 Vijay Kolte S/o Arun Kolte Aged About 36 Years R/o 342, Camp-2, Near Durga Mandir, Sant Ravidas Nagar, Bhilai, District And Tahsil- Durg, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through SHO, Chawni, District- Durg, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Sudhanshu Kumar Singh, Advocate For Non-Applicant/State : Mr. Saumya Rai, Deputy Govt. Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.05.2026 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 connection with Crime No. 647/2025 registered at Police Station - Chawni, District- Durg, (C.G.) for the offence punishable under Sections 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 25 & 27 of the Arms Act. 2. The case of the prosecution, in brief, is that on 22.12.2025, a marriage ceremony of Amit Kolte was going to be held at National RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 School, Camp-2, Bhilai. At about 09:00 PM, the complainant Pawan Kohikar and Ajay Kolte were present at the marriage venue, during which Vijay Kolte, the younger brother of Ajay Kolte, along with his associate Sunil Bodalkhande @ Mogli, was allegedly moving around carrying a knife. When Ajay Kolte questioned them as to why they were carrying the knife, Vijay Kolte and his associate allegedly started abusing him in filthy language, and thereafter Vijay Kolte allegedly assaulted Ajay Kolte with the knife on his abdomen, causing injuries to him. On the basis of the report lodged by complainant Pawan Kohikar, the present applicant and other co- accused persons were implicated in the case on 22.12.2025. During the course of investigation, the applicant was arrested on 23.12.2025, and thus, the applicant is alleged to have committed the aforesaid offence. Hence, the present bail application. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the present case. It is further submitted that the alleged incident took place during a marriage ceremony and, therefore, there was no premeditated intention on the part of the applicant to commit the alleged offence. He further submits that the complainant party and the applicant are closely related to each other, as the injured Ajay Kolte is the brother-in-law of the applicant’s brother, and thus there exists every possibility of amicable settlement between the parties. It is also submitted that co-accused Sunil Bodalkhande @ Mogli has already been granted bail by the learned Trial Court and the case of the present applicant stands on similar footing, therefore, on the ground 3 of parity, the applicant is also entitled to be released on bail. He further submits that although the injured sustained an injury on the abdomen, but no vital organ was damaged and the injured remained hospitalized only for about 11 days, therefore, prima facie, in absence of requisite intention, the offence under Section 109 of the BNS is not made out against the applicant. It is further submitted that there is no bone injury caused in the incident. He also submits that the applicant is in judicial custody since 23.12.2025, the charge-sheet has been filed, the applicant has only one previous criminal antecedent in which he is on bail and conclusion of the trial is likely to take some time. Hence, 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 before the competent Court. He further submits that the present applicant is involved in a serious and heinous offence wherein the injured Ajay Kolte sustained a grievous stab injury on his abdomen by means of a knife during the incident. It is further submitted that due to the severity of the injury, the injured remained hospitalized for about 11 days and had to undergo surgical treatment. He submits that the injury caused to the injured was on a vital part of the body and the same is grievous in nature, which clearly reflects the intention and active participation of the applicant in the commission of offence. It is further submitted that the applicant has one more criminal antecedent of the similar nature. Considering the nature and gravity of the offence, the manner in which it was committed, 4 and the serious injuries sustained by the victim. Therefore, the applicant is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the present applicant, the material available on record, the manner in which the incident is alleged to have occurred, as well as the submissions advanced by learned counsel for the parties, prima facie, it appears that during the marriage ceremony, the applicant assaulted the injured Ajay Kolte by means of a knife and caused a stab injury on his abdomen, which is a vital part of the body. The medical documents further reveal that the injured remained hospitalized for about 11 days and had to undergo surgery and the injury sustained by him is grievous in nature and the applicant has one more criminal antecedent of the similar nature. Considering the seriousness of allegations, the nature of weapon used in the commission of offence, the specific overt act attributed to the applicant, and the severity of injury caused to the injured, 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 – Vijay Kolte, involved in Crime No. 647/2025 registered at Police Station - Chawni, District- Durg, (C.G.) for the offence punishable under Sections 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 25 & 27 of the Arms Act, is rejected. 5 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce 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 Rahul dewangan