Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:23330
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4649 of 2026 1 - Mayank Koshle S/o Ishwar Koshle Aged About 25 Years R/o House No. 297/k, Kali Mandir, Pragati Nagar, Ward No. 21, Camp 1 Bhilai District- Durg Chhattisgarh
... Applicant(s) versus 1 - State Of Chhattisgarh Through S H O, Police Station Vaishali Nagar, District- Durg (C.G.)
... Respondent(s) For Applicant(s) : Mr. Shikhar Bakhtiyar, Advocate For Respondent(s) : Ms. Monika Singh Thakur, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice
Order on Board 15.05.2026
1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 220/2025 registered at Police Station – Vaishali Nagar District – Durg (C.G.) for the offence punishable under Sections 109, 61(2), 115(2), 191(3), 324 & 3(5) BNS, 2023.
2. The prosecution case, in brief, is that on 14.07.2025 at about 7:30 PM, the complainant, namely Pritam Kaur, was cooking at her ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA
2 residence when a boy named Badi informed her that certain boys were assaulting her son, Shubdeep Singh alias Bachda, behind BSP High School with baseball bats, sticks and iron rods. Upon receiving the said information, she immediately rushed to the spot and found her son lying in a critically injured condition, covered in blood and in a semi-conscious state. With the assistance of local persons, the injured was initially taken to Government Hospital, Supela, from where he was referred to District Hospital, Durg and thereafter to Mekahara Hospital, Raipur for advanced treatment. It is alleged that the injured sustained grievous injuries on his legs, mouth and head and is still undergoing medical treatment. During the course of inquiry, Badi informed the complainant that the accused persons, owing to previous enmity, had allegedly lured Shubdeep Singh behind BSP School and assaulted him with baseball bats, sticks and iron rods in furtherance of a conspiracy and with an intention to commit his murder. The present applicant was subsequently apprehended in connection with the aforesaid incident.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case merely on account of his friendship with co-accused Rakesh, who allegedly had previous enmity with the injured Shubdeep Singh. It is further submitted that the injuries sustained by the injured are not grievous in nature and have not been caused on any vital part of the body and, therefore, the offence alleged against the
3 applicant is not made out. Counsel further submits that similarly situated co-accused Pradeep Kashyap, from whom a bamboo stick was allegedly seized, has already been granted bail by this Hon’ble Court vide order dated 27.01.2026 passed in MCRC No.866/2026 and the case of the present applicant stands on identical footing. It is also submitted that the prosecution has cited 14 witnesses in the charge-sheet, out of which only two witnesses have been examined till date and, therefore, the trial is likely to take considerable time for its conclusion. The applicant is in judicial custody since 28.07.2025, has no criminal antecedents and no further custodial interrogation is required. It is lastly submitted that prolonged incarceration of the applicant would serve no useful purpose and the applicant is ready to abide by all conditions that may be imposed by this Court while granting bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the injuries caused to the injured person are said to have been caused by the iron rod and are grievous in nature and the case is at the stage of prosecution evidence, therefore, he is not entitled to the benefit of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, it appears that the case is presently at the stage of prosecution evidence. From the statements of the injured witness recorded
4 during investigation, there is a specific allegation against the present applicant that he assaulted the injured with an iron rod and suffered injuries on his legs, mouth & head which were found to be grievous in nature. This specific overt act attributed to the present applicant distinguishes his case from that of the co- accused persons who have already been enlarged on bail by this Court.
Therefore, the applicant is not entitled to claim parity with the said co-accused persons. The specific role attributed to the applicant, and the totality of the facts this Court is of the considered opinion that no case for grant of bail is made out in favour of the applicant at this stage. 7. Accordingly, this bail application of applicant – Mayank Koshle involved in Crime No.220/2025 registered at Police Station – Vaishali Nagar District – Durg (C.G.) for the offence punishable under Sections 109, 61(2), 115(2), 191(3), 324 & 3(5) of BNS, is rejected at this stage. 8. Office 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
Saxena