1 CGHC010291152026 2026:CGHC:34531 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7200 of 2026 Vinay Kansari S/o Late Tulsi Kansari Aged About 26 Years R/o Near T.V.S. School, Ward No. 05, Police Station Gobara-Nawapara, District Raipur (C.G.) (Description Mentioned As Per Charge Sheet) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Of Police Station Gobara-Nawapara, District Raipur (C.G.) ... Non-Applicant For Applicant : Dr. Aamir Khan, Advocate. For Non-Applicant : Smt. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06/08/2026 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.92/2026 registered at Police Station Gobara-Nawapara, District Raipur (C.G.) for the offence under Sections 296, 351 (2), 115(2), 118 (1), 109 (1) & 3 (5) of the BNS. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.07 17:40:42 +0530 2 2. Case of the prosecution is that on 27.03.2026 at about 8:30 PM, after the Jwara Visarjan ceremony, the younger brother of the complainant, namely Govardhan Kansari, was returning home along with his friend Lokesh Kansari. When they reached in front of Dileep Shah Hospital near Sadar Road, Nawapara, the co- accused and the present applicant allegedly intercepted them and started abusing Govardhan Kansari, stating that, being the President of Hasdev Lal Mandir, he had not allowed them to carry the Jyoti Khappar. When Govardhan Kansari objected to and refused such abuse, the co-accused and the present applicant allegedly threatened to kill him, slapped him and assaulted him with a sharp-edged weapon resembling a cutter, as well as with hands and fists. When Lokesh Kansari tried to intervene, he was also allegedly assaulted by them. Thereafter, both Govardhan Kansari and Lokesh Kansari managed to escape from the spot and proceeded to the hospital for medical treatment. Subsequently, they informed the complainant about the incident, and on 01.04.2026, the complainant lodged an FIR before the concerned Police Station. On the basis of the said report, FIR has been registered against the applicant and co-accused persons. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. Co-accused has been granted bail by this Court vide order dated 17-06- 2026 passed in MCRC No.5226/2026. As per doctor’s 3 opinion, the injury is mild and simple in nature, as there is no grievous injuries and no damage to any of vital organ caused to the injured persons. There are discrepancies in the FIR and MLC report (Mulahija Report). The time is mentioned in the FIR received at the Police Station is 11.10 PM (23.10 hrs), whereas the time mentioned in MLC is at 10.30 PM, which shows procedural error on the side of prosecution. The applicant is in jail since 01-04-2026 and charge sheet has already been filed. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that in the said incident injured Goverdhan Kansari has received one incised wound which was caused by sharp edged weapon like cutter and difficulty in breathing and chest pain has been reported by the treating doctor. It is also reported that the injuries are grievous in nature. Therefore, the present bail application may be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and the fact that in the said incident injured Goverdhan Kansari has received one incised wound which was caused by sharp edged weapon like cutter and difficulty in breathing and chest pain has been reported by the treating doctor and the injuries are 4 grievous in nature, this Court is not inclined to release the applicant on bail. 7. Accordingly, the bail application of applicant – Vinay Kansari, involved in Crime No.92/2026 registered at Police Station Gobara- Nawapara, District Raipur (C.G.) for the offence under Sections 296, 351 (2), 115(2), 118 (1), 109 (1) & 3 (5) of the BNS, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Barve