Nafr High Court
Case Details
1 2025:CGHC:11429 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1876 of 2025 Harsh Kumar S/o Santosh Sahu Aged About 19 Years R/o Village- Amadi, Mandi Para, P.S.- Arjuni, Tehsil And District- Dhamtari (C.G.) versus ... Applicant(s) State Of Chhattisgarh Through P.S.- Arjuni, District- Dhamtari (C.G.) ... Respondent(s) For Applicant(s) :
Legal Reasoning
Mr. Shobhit Koshta, Advocate. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/03/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 11/2025 registered at Police Station Arjuni, District- Dhamtari (C.G.) for the offence punishable under Sections 296, 109 of BNS and Section 25 and 27 of Arms Act. 2. Case of the prosecution, in brief, is that the complainant, Sagar Sahu, had commented on a reel posted by the sister of the 2 accused, Harsh Kumar Sahu, on Instagram. Later that night, on January 13, 2025, Sagar went to the Kalaa Manch area in Gram Aamdi Bhaatapara, Arjuni, where he sat with others and played games on his mobile phone. Around the same time, Harsh called Sagar, leading to an argument between them. As the altercation escalated, Sagar went to the market around 10:30 P.M., where Harsh was sitting. Another argument ensued, and during the scufÒe, Harsh pulled out a knife from his pocket and stabbed Sagar three to four times in the chest, arm, and stomach. Bystanders intervened and saved Sagar. Sagar's father, Shailesh Sahu, filed a report at the Arjuni Police Station, and a case was registered under Sections 296 and 109 of the Indian Penal Code. Sagar received treatment at the district hospital in Dhamtari and was also admitted to the Shriram Multispecialty Hospital in Dhamtari. During the investigation, a buttoned knife was seized based on Harsh's statement. After completing the investigation, a charge-sheet was filed against the accused under sections 296, 109, and 25 and 27 of the Arms Act. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the injured Sagar Sahu made objectionable comments on the applicant's sister's Instagram reel, leading to a heated exchange. The complainant attempted to assault the applicant, resulting in injuries. During the ensuing altercation and sudden fight, the complainant sustained injuries. He also submits that he had no intention of causing harm or death to 3 the injured. Therefore, no offense can be attributed to him. Even assuming, without conceding, that the applicant assaulted the injured, it was done in response to the injured party's provocation, specifically the comment made about the applicant's sister. The injuries were sustained during a sudden and spontaneous fight, without premeditation. The applicant is in jail since 15.01.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that applicant on account of some animosity had assaulted the injured with knife, due to which, injured sustained multiple stab injured in her person, which are also opined by the doctor as dangerous to life, therefore, he is not entitled for grant of bail. 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, nature and gravity of offence, and the fact that the applicant is alleged to have caused injury with knife to the injured, it is stated that the injured himself has approached the applicant and slapped him first as there was some dispute between applicant and injured with respect to the sister of applicant as she had posted some reel on Instagram and injured had commented on that reel, on account of which dispute arose between them, so far as injuries sustained 4 by the injured are concerned, injured sustained three stab injuries on his person, out of which, two are simple in nature, whereas one is on the chest, which is opined by the doctor as dangerous to life, but considering the period of detention of the applicant since 15.01.2025, the applicant has no criminal antecedent and charge- sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Harsh Kumar, involved in Crime No. 11/2025 registered at Police Station Arjuni, District- Dhamtari (C.G.) for the offence punishable under Sections 296, 109 of BNS and Section 25 and 27 of Arms Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court 5 shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil