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2026 DAILYLAW 28574 (CHH)

GOLU KSHATRIYA @ SAINDWIZ v. STATE OF CHHATTISGARH

MCRC/6532/2026 · 2026-07-21

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Judgment text

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1 CGHC010279852026 2026:CGHC:31177 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6532 of 2026 Golu Kshatriya @ Saindwiz S/o Shripati Kshatriya, Aged About 40 Years (As Per Order Sheet) R/o Near Sulabh Souchalaya (Public Toilet) Shakti Nagar, Police Station Khamhardih, District Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Khamhardih, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. C.R. Sahu, Advocate. For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.07.2026 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. 61/2026, registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Khamhardih, District Raipur (CG) for the offence punishable under Sections 296, 115(2), 351(3), 109, 3(5) of BNS. 2. The prosecution story in brief, is that on 27.02.2026, the complainant, Rajesh Sinha, lodged a report stating that at about 10:35 P.M., his son, Saurabh Sinha, returned home in an injured condition with bleeding injuries. He informed the complainant that while he was sitting near an Amritulya tea stall at Shakti Nagar, the applicant, Golu Kshatriya @ Sandwich, along with co-accused Abhishek, arrived there, abused him in filthy language without any provocation, and, upon being restrained, assaulted him with fists and blows. It is further alleged that the applicant attacked the victim several times with a sharp-edged weapon, causing grievous injuries to his left wrist and the left side of his chest with the intention to kill him. On the basis of the report, the police registered the offence, investigated the matter, arrested the accused persons, and, upon completion of the investigation, filed the charge-sheet against them. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. He further submit that the bail application of co-accused, namely, Abhishek Kshatriya has already been allowed bail by this Court vide order dated 14.07.2026 passed in MCRC No.6263 of 2026. He also submits that the complainant has lodged a false and fabricated report before Police Station Khamhardih, District Raipur, with 3 mala fide intention to falsely implicate the applicant, the incident occurred on account of a sudden quarrel arising out of a verbal altercation, and there was no intention on the part of the applicant to cause any injury to the victim, Saurabh Sinha, further the applicant’s involvement is sought to be established only on the basis of the memorandum statement, which, by itself, is insufficient to connect him with the alleged offence. The applicant is in jail since 28.02.2026 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. She further submits that the applicant in collusion with co-accused persons assaulted the victim after a verbal altercation and abused him in filthy language. Furthermore, the applicant attacked the victim with a sharp-edged weapon, causing grievous injuries to his left wrist and the left side of his chest with the intention to commit his murder. 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. From perusal of the record, it transpires that the present applicant is attributed with the specific and active role of repeatedly assaulting the injured with a sharp-edged weapon, as a result of 4 which the injured sustained grievous injuries on his left wrist and the left side of his chest and the co-accused, Abhishek Kshatriya on whom the applicant is placing reliance was granted by this Court on the ground that the said co-accused was assaulted the injured only by hands and fists, whereas the present applicant has assaulted the injured by a sharp-edged weapon causing grievous injuries to the injured, hence, the case of present applicant is distinguishable from that of the said co-accused, as such, 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-Golu Kshatriya @ Saindwiz, involved in Crime No. 61/2026, registered at Police Station Khamhardih, District Raipur (CG) for the offence punishable under Sections 296, 115(2), 351(3), 109, 3(5) of BNS, 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. Sd/- (Ramesh Sinha) Chief Justice Akhil