1 CGHC010280392026 2026:CGHC:32017 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6678 of 2026 • Ayush Kumar S/o Vijay Kumar Prasad Aged About 18 Years R/o Balaji Nagar, Zone-02 Sector -11, Police Station Khursipar District- Durg (C.G.) ... Applicant versus • State Of Chhattisgarh Through- Police Station Khursipar District- Durg (C.G.) ... Non-applicant For Applicant : Mr. Virendra Kashyap, Advocate. For State/Non-applicant : Mr. Sangharsh Pandey, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.07.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.01/2026, registered at Police Station Khursipar, District Durg (C.G.) for the offence punishable under Sections 109, 117(2) & 3(5) of BNS 2023. 2. The prosecution story, in brief, is that on the night of 01.01.2026 at about 01:15 hours, the complainant Sudhir Kosle was going to Mahesh Kirana Shop to buy gutkha and had reached near Singh Aata Chakki. At that time, Ayush (co-accused) and present Applicant namely Jeet arrived on a bike and inquired from him about Goldy. Upon stating that DEEPTI JHA Digitally signed by DEEPTI JHA 2 he did not know, they went to some distance and returned with Rohan and Sagar, saying, "You all know but are not telling," and with a common intention to kill him, the present Applicant Jeet assaulted him with a stick, Ayush struck him five to six times on the head with a sharp iron object he had with him, Rohan assaulted him with hands, and Sagar stood at a distance, while they were saying "we will kill him."After complete investigation, Police Station Khursipar submitted a charge sheet on 23.02.2026 against the applicant/accused and co-accused person under Sections 109, 117(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that since the charge sheet has already been filed before the learned Trial Court, no useful purpose would be served by keeping the applicant in continued custody. The MLC of the victim does not support the prosecution case qua the present applicant, and the material collected during investigation does not satisfy the essential ingredients of the alleged offences; even the injuries sustained are not of such a nature so as to attract the offence under Section 109 of the Bharatiya Nyaya Sanhita, 2023. The applicant is a young individual who has already remained in custody for more than two months despite being innocent, and his continued detention would cause serious prejudice to him and his family. It is also submitted that the trial is likely to take considerable time, and prolonged incarceration would be violative of Articles 14 and 21 of the Constitution of India. The applicant has no past criminal antecedents and has been falsely implicated in the present case, having no role in the alleged incident and he is in jail since 01.01.2026. 3 4. On the other hand, the learned State Counsel appearing for the State/non-applicant vehemently opposed the bail application and submitted that the present applicant Ayush inflicted repeated blows on the head of the injured with a sharp iron object, resulting in multiple serious injuries sustained by the complainant and also submits that bail of the co-accused person was rejected by this Court vide order dated 27.03.2026 passed in MCRC No.2861/2026, therefore the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the present case, the nature and gravity of the offence alleged, and the material available on record, it appears that the present applicant, in furtherance of a common intention along with the co-accused persons, actively participated in the assault on the injured; the applicant Ayush inflicted repeated blows on the head of the injured with a sharp iron object, resulting in multiple serious injuries, and the nature of the assault, the weapons used, and the specific role attributed to the present applicant prima facie establish his active involvement in the commission of the offence. Therefore, in view of the seriousness of the allegations, the manner in which the offence has been committed, and the severity of the injuries sustained by the victim and also considering the fact that bail of the co-accused person was rejected by this Court vide order dated 27.03.2026 passed in MCRC No.2861/2026, this Court is of the considered opinion that it is not a fit case to enlarge the applicant on regular bail at this stage. Accordingly, the bail application filed by the 4 applicant stands rejected. 7. Accordingly, this first bail application of applicant – Ayush Kumar, involved in Crime No.01/2026, registered at Police Station - Khursipar, District – Durg (C.G.) for the offence punishable under Sections 109, 117(2) & 3(5) of BNS 2023, is rejected at this stage. 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 Deepti Jha