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2026 DAILYLAW 30136 (CHH)

MOHIT NIHAL v. STATE OF CHHATTISGARH

MCRC/6951/2026 · 2026-07-30

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Judgment text

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1 CGHC010291132026 2026:CGHC:33173 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6951 of 2026 Mohit Nihal S/o Girdhar Nihal, Aged About 19 Years, R/o Gandhi Nagar Near Yogi Kirana Stores, Kalibandi, P.S. City Kotwali, District- Raipur, Chhattisgarh, ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station City Kotwali, Raipur, District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. C.R. Sahu, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Government Advocate and Ms. Sameeksha Gupta, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 31.07.2026 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.128/2026 registered at Police Station – City Kotwali, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 109(1), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act. 2. The case of the prosecution, in brief, is that the complainant lodged a report at Police Station City Kotwali, Raipur, alleging that on the date of the incident, due to previous enmity, a dispute arose between the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.31 15:29:39 +0530 2 applicant and the complainant, during which the applicant allegedly assaulted the injured person and caused an injury to his stomach. On the basis of the said complaint, the police registered FIR bearing Crime No. 128/2026 against the applicant for the offences punishable under Sections 296, 115(2), 351(2), 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that, according to the prosecution, the applicant, along with six co-accused persons, assaulted three injured persons. It is alleged that one of the injured, who is the sister of another injured, came to rescue her brother and was also assaulted. It is further alleged that the applicant was carrying two knives, which he handed over to co-accused Abhishek Gupta, who allegedly inflicted knife injuries upon the injured persons, while the present applicant is alleged to have assaulted them with hands and fists. Learned counsel further submits that, although one of the injured, namely Abhishek Soni, sustained a stab injury on his chest and subsequently underwent surgery, the present applicant is not alleged to have inflicted the knife injury. It is also submitted that the applicant has no previous criminal antecedents, the charge-sheet has already been filed, and the applicant has been in judicial custody since 16.03.2026. Since the trial is likely to take considerable time for its conclusion, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned State counsel opposed the bail application and submitted that the charge-sheet has already been filed. He further contended that, considering the manner in which the incident took place, three persons sustained injuries, and one of the injured, namely Abhishek 3 Soni, suffered a stab injury on his chest and subsequently underwent surgery. In view of the gravity of the allegations and the nature of the injuries sustained by the victim, it is submitted 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, nature and gravity of allegation levelled against the applicant and the fact that the manner in which the incident took place, three persons sustained injuries, and one of the injured, namely Abhishek Soni, suffered a stab injury on his chest and subsequently underwent surgery, in view of the gravity of the allegations and the nature of the injuries sustained by the injured persons, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. 7. Accordingly, the bail application of the applicant - Mohit Nihal involved in Crime No.128/2026 registered at Police Station – City Kotwali, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 109(1), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act, 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 Preeti