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2026 DAILYLAW 8623 (CHH)

GHANSHYAM @ SONU NAYAK v. STATE OF CHHATTISGARH

MCRC/3627/2026 · 2026-04-21

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Judgment text

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1 2026:CGHC:18396 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3627 of 2026 Ghanshyam @ Sonu Nayak S/o Kalicharan Nayak, Aged About 30 Years, R/o Vatika Nagar, Kota, District – Raipur, Chhattisgarh … Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Saraswati Nagar, Raipur, District – Raipur, Chhattisgarh ... Non-Applicant For Applicant : Mr. C.R. Sahu, Advocate. For Non-Applicant/State : Mr. Saurabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.04.2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 226/2024 registered at Police Station - Saraswati Nagar, District- Raipur (C.G.) for the offences punishable under Sections 296, 351(2), 115(2), 118(1)(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 25 of Arms Act. 2. Earlier first bail application was rejected by this Court on merits vide order PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.23 18:33:58 +0530 2 dated 16.04.2025 passed in MCRC No. 2916/2025. 3. The case of the prosecution, in brief, is that the complainant lodged a report at the concerned Police Station Saraswati Nagar, Raipur, stating that on the date of the incident, a minor dispute arose between the accused persons and the injured person. Thereafter, the accused persons allegedly assaulted the injured person, as a result of which the injured sustained simple injuries. On the basis of the said report, the police registered an offence bearing Crime No. 226/2024 against the present applicant and other accused persons for offences punishable under Sections 296, 351(2), 115(2), 118(2), and 3(5) of the B.N.S., and Sections 25 and 27 of the Arms Act. 4. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that this is the second bail application of the applicant. He further submits that the applicant has been in jail since 15.09.2024. He also submits that only on the basis of mere suspicion and due to the existence of a dispute between the applicant and the injured person, the applicant has been falsely implicated in the present crime. The applicant has not assaulted the injured person. Further, the other co-accused persons has been granted bail by this Court vide order dated 11.11.2025 passed in MCRC No. 8990/2025. So far as the status of the trial is concerned, out of 10 prosecution witnesses, only 01 witnesses has been examined. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned counsel appearing for the State/non-applicant opposes the bail application and submits that the charge-sheet has already been filed. He further submits that the first bail application was rejected by this Court on merits vide order dated 16.04.2025 passed in 3 MCRC No. 2916/2025. He also submits that the applicant has five previous criminal antecedent, therefore he is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, and the fact that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court on the ground that the applicant assaulted two injured persons using sharp knife due to which, they are stated to have sustained grievous injuries which are serious in nature and there was possibility of death, further, knife was stuck on the back of one injured when he was brought for treatment which itself shows that a fatal blow with the knife was caused by the applicant, accordingly, Section 326 of the IPC was added and applicant has 05 previous criminal antecedents registered against him, hence having regard to the nature of the offence, the facts and circumstances of the case, this Court is of the view that the applicant is not entitled to be released on bail in this case. 8. 8. Accordingly, the second bail application of the applicant - Ghanshyam @ Sonu Nayak filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 226/2024 registered at Police Station - Saraswati Nagar, District- Raipur (C.G.) for the offences punishable under Sections 296, 351(2), 115(2), 118(1)(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 25 of Arms Act. 9. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal 4 impediment. 10. 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