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2026 DAILYLAW 37531 (CHH)

SURAJ KUMAR THAKUR v. STATE OF CHHATTISGARH

MCRC/7746/2026 · 2026-09-27

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010320932026 2026:CGHC:42116 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7746 of 2026 1 - Suraj Kumar Thakur S/o Vijay Thakur Aged About 27 Years R/o Dipra Para, Kushth Aashram, Ward Number 39, P.S.- City Kotwali, Tehsil, Durg, District- Durg, (C.G.) (Detail Of Applicant Properly Not Mentioned In The Impugned Order Sheet Which Is Being Mentioned As Per Charge Sheet) ... Applicant(s) versus 1 - State Of Chhattisgarh Through P.S. City Kotwali, District- Durg, (C.G.) ... Non-applicant For Applicant : Mr. Aman Tamrakar, Advocate For Non-applicant : Mrs. Ankita Shukla, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 28/09/2026 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 276/2025, registered by the City Kotwali Durg (C.G.) for the offence punishable under Section 109, 296, 351(3), 115(2) and 238 of BNS. 2. The case of the prosecution, in brief, is that on 10.06.2025 at around 10:00 p.m., Tilak Sahu was returning home after work and had reached Dipra Para, Durg, near Shiv Mandir. At that time, on Digitally signed by JYOTI JHA Date: 2026.09.29 11:41:05 +0530 2 seeing Tilak Sahu, the present applicant and his companions from the locality, due to old enmity, started abusing him. When Tilak Sahu objected to the same, the present applicant and his companions started abusing him vulgarly and assaulted him with hands and fists. Thereafter, the present applicant assaulted Tilak Sahu with a sharp object which he was carrying, due to which he sustained injuries on both sides of his chest and started bleeding. When Nihal Jaswani intervened, he also sustained injuries on his right rib and face. On the report lodged by Smt. Kunti Yadav at Police Station Durg Kotwali, a case was registered against the present applicant and his companions under Sections 296, 351(3), 115(2) and 3(5) of the BNS. During the course of investigation, Section 109 of the BNS was subsequently invoked against the present applicant. 3. Learned counsel for the applicants submits that on 10.06.2025, there was a scuffle between the parties and an FIR was registered against the present applicants for commission of bailable offences. Subsequently, on 16.06.2025, a report was lodged against the complainant party, and thereafter, Section 109 of the BNS was added against the present applicants. It is further submitted that there is a counter-case between the parties and the alleged knife was not seized from the possession of the present applicants. It is also submitted that the investigation is complete and the applicants are in custody since 20.05.2026. Therefore, learned counsel prays that the applicant may kindly be 3 enlarged on regular bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the present applicant used a knife and inflicted stab injuries on the chest of injured Tilak Sahu and Nihal Jaswani. According to the medical report, both the injuries were dangerous to their lives. Moreover, the applicant has five criminal antecedents under the IPC and BNS. Therefore, learned counsel submits that the applicant is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Having considered the facts and circumstances of the case, particularly the fact that the injured Tilak Sahu and Nihal Jaswani sustained stab injuries on their chests by means of a knife and the medical opinion given by the Medical Officer, wherein it is stated that the injuries sustained by the injured persons were serious in nature and dangerous to their lives, coupled with the fact that the applicant has five criminal antecedents, I am not inclined to grant bail to the applicant. Accordingly, the bail application of the applicant is rejected. Sd/- Rakesh Mohan Pandey JUDGE Jyoti