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2026 DAILYLAW 28646 (CHH)

BHASKAR KHAN v. STATE OF CHHATTISGARH

MCRC/5927/2026 · 2026-07-22

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Judgment text

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1 CGHC010249302026 2026:CGHC:31552 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.5927 of 2026 1 - Bhaskar Khan S/o Muzib Khan Aged About 25 Years R/o Dindayal Nagar, Ward No.6 Chikhli, Tahsil And District- Rajnandgaon (C.G.) Applicant (s) versus 1 - State Of Chhattisgarh Through P.S. City Kotwali, District- Rajnandgaon (C.G.) Respondent(s) For Applicant (s) : Mr. Rajesh Jain and Ms. Kiran Jain, Advocates For Respondent(s) : Mr. Shailendra Sharma, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.07.2026 1. This is the second bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.338/2025, registered at Police Station City Kotwali, District Rajnandgaon (C.G.) for the offence punishable under Sections 191 (2), 191 (3), 190 & 109 of BNS and Sections 25 & 27 of Arms Act. Digitally signed by R NIRALA 2 2. The first bail application of the applicant was rejected by this Court on merits vide order dated 14.11.2025 in MCRC No.9196/2025. 3. The case of the prosecution, in brief, is that on 04.07.2025 the father of the injured lodged a complaint at the concerned police station stating that on the same day, while he was present in his locality, he received a phone call from his elder informing him that his son, Mahfuj Sheikh, had been assaulted at Rajnandgaon and was admitted to the hospital. Immediately thereafter, he reached Pendri Hospital, Rajnandgaon, where he found his son injured and under treatment. The injured informed him that he had gone to meet his friend Shailendra at Triveni Sangam, where they had an argument with Nikhil Ramteke. After that, he visited the Court, and while returning home, at about 4:30 PM near Pyarelal Chowk under the overbridge, two motorcycles arrived carrying Sohel Miya, Kastu Sahu, Bhaskar Khan, Takhs Pitar, Maruf Khan, and Nikhil Ramteke. It is alleged that Sohel, Maruf, Bhaskar, and Kastu alighted from the motorcycles, picked up a quarrel with him, and assaulted him with a knife. Based on the same, a case was registered against the applicant. 4. Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated in crime in question. He further submits that the applicant is in jail since 05.07.2025 and till date only 5 prosecution witnesses out of 13 have been examined, as such conclusion of trial will take a longer time. It is 3 further submitted that the injured witnesses have also not supported the prosecution case. The eye witnesses as well as memorandum and seizure witnesses have also not supported the prosecution case. Therefore, the present applicant may be released on bail. 5. On the other hand, learned State counsel opposes the bail application and submits that the the applicant is involved in a very serious offence, as he assaulted the injured with a knife with an intent to commit murder and the injuries sustained by the injured are also dangerous to life, as is evident from the medical report. Therefore, the applicant may not be released on bail. 6. I have heard learned counsel for the parties and perused all the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of the offence, further considering the statement of the victim recorded under Section 183 of BNSS, in which specific allegation of assault by the applicant with a knife has been levelled and also for the fact that the injuries sustained by the injured are dangerous to life, as is evident from the medical report, therefore, I am not inclined to allow this second bail application of the applicant. 8. Accordingly, the instant bail application of the applicant Bhaskar Khan, involved in Crime No.338/2025, registered at Police Station City Kotwali, District Rajnandgaon (C.G.) for the offence punishable under Sections 191 (2), 191 (3), 190 & 109 of BNS 4 and Sections 25 & 27 of Arms Act, is rejected. However, the Trial Court is directed to conclude the trial at the earliest, preferably within a period of 4 months from today. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Nirala