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2026 DAILYLAW 23949 (CHH)

SUBHASHCHANDRA NISHAD v. THE STATE OF CHHATTISGARH

MCRC/5713/2026 · 2026-06-29

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Judgment text

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1 2026:CGHC:26637 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5713 of 2026 Subhashchandra Nishad S/o Shri Harichandra Nishad Aged About 25 Years R/o Shanti Nagar, Ward No. 9, Kirodimalnagar, Raigarh, Tehsil and District- Raigarh (C.G.) ... Applicant versus The State of Chhattisgarh Through Station House Officer, P.S. - Kotraroad, Distt. Raigarh (C.G.) ... Non-Applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 30.06.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.64/2026 registered at Police Station – Kotraroad, District – Raigarh (C.G.) for the offence punishable under Sections 109(1), 296, 351(3), 115(2), 118 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that the complainant, Tushar Singh, lodged a written report alleging that on 04.03.2026 at about 1:00 PM, he was roaming with his friend, Sachin Rajvanshi. At that time, they heard the voices of some persons and proceeded to the spot to ascertain the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.01 14:40:55 +0530 2 reason. Upon reaching there, they found the injured victim, Vasu Mahant, lying on the ground in an injured condition, while two persons were seen running away from the spot despite being asked to stop. Thereafter, they took the injured victim to the hospital. Subsequently, they came to know from the companions of Vasu Mahant that Viru Nishad and Subhash Nishad had assaulted him. On the basis of the said report, the FIR was registered. The applicant was arrested, and after completion of the investigation, the charge-sheet was filed. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant is alleged to have assaulted the injured with a sharp-edged weapon, causing an injury to his wrist. He also submits that the charge-sheet has has been filed, the applicant has no previous criminal antecedents, and the applicant is in jail since 07.03.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposed the bail application, submitting that the charge-sheet has already been filed. She further contended that, apart from the injury caused to the left wrist, the injured sustained multiple deep cut injuries over the left parietal region of the head, and the fracture of the left wrist was also found to be grievous in nature. It is further submitted that the injuries sustained by the injured were dangerous to life. Therefore, it is contended that the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the 3 nature and gravity of the allegations levelled against the applicant, and the fact that apart from the injury caused to the left wrist, the injured sustained multiple deep cut injuries over the left parietal region of the head, and the fracture of the left wrist was also found to be grievous in nature and dangerous to life, 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 the applicant - Subhashchandra Nishad involved in Crime No.64/2026 registered at Police Station – Kotraroad, District – Raigarh (C.G.) for the offence punishable under Sections 109(1), 296, 351(3), 115(2), 118 and 3(5) of Bharatiya Nyaya Sanhita, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti