Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 4143 (CHH)

MOHAMMED AFSAR @ ARMAAN KHAN v. STATE OF CHHATTISGARH

MCRC/2774/2026 · 2026-04-08

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:16366 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2774 of 2026 1 - Mohammed Afsar @ Armaan Khan S/o Mohammed Ramjan, Aged About 19 Years, R/o Motipur, Above Mamta Nagar, Under Bridge, Rajnandgaon, Thana Kotwali District- Rajnandgaon (C.G.). ... Applicants versus 1 - State Of Chhattisgarh Through Sho, Thana- Kotwali, District- Rajnandgaon (C.G.). ... Respondent For Applicant : Mr. Arvind Prasad, Advocate. For Respondent/State : Ms. Sunita Manikpuri, G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 09 / 04 / 2026 1. The accused/applicant has moved this First bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 628/2024 registered at Police Station – Kotwali, District – Rajnandgaon (C.G.) for the offence punishable under Section 296, 103(1), 3(5) of the BNS. 2. The case of prosecution in short is that on 29.09.2024, the complainant Sujit Bansod lodged a report stating that when he came back home, he heard a noise and saw the applicant and three others assaulting his brother, Ishwar, and one, Harsh, SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.04.09 17:25:17 +0530 2 assaulting his brother with a knife. Based on this, offence has been registered against the applicant and other accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that in the present case, the main accused is Harsh, who was assaulting the deceased with a knife, and the applicant only assaulted the deceased with his hand and fist. The applicant is a 19-year-old boy, has no criminal antecedents, and has been in jail since 30.09.2024. Given that the trial is likely to take considerable time to conclude, the applicant may be released on bail. 4. On the other hand, the learned counsel for the State opposes the bail application, submitting that a Yamaha motorbike and bloodstained clothes have been seized from the applicant, and there is an eyewitness, Sujit Bansod (brother of the deceased), in the present case who has not been examined; therefore, at this stage, the applicant should not be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, the material collected and available on record against the applicant and the fact that out of 18 witnesses, only 03 have been examined till date and and some important witnesses are still remaining for examination, at this stage, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application filed under Section 483 of 3 BNSS, 2023 is rejected. 8. However, considering the fact that the applicant is in jail since 30.09.2024. It is an exceptional case, therefore, concerned trial Court is directed to expedite the trial as early as possible. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.