Nafr High Court
Case Details
1 2025:CGHC:41272 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6443 of 2025 Demendra Deshmukh @ Dekendra Deshmukh S/o Mordhwaj Deshmukh Aged About 22 Years R/o Village Achhoti, Police Station Anda, Tahsil And District Durg, Chhattisgarh. versus ... Applicant State of Chhattisgarh Through The Station House OfÏcer, Police Station Anda, District Durg Chhattisgarh. ... Non-Applicant For Applicant For Non-Applicant/State : :
Legal Reasoning
evidence collected by the prosecution is not prima facie sufÏcient to hold the applicant guilty of the offences mentioned. The applicant is a young person aged about 22 years and is related to the injured, who is his uncle. It is further submitted that the incident arose out of a prior quarrel between the injured and the applicant’s mother over alcohol, during which the injured had abused her, hence, there was no intention or knowledge on the part of the applicant to commit any offence under Section 109 of the BNS. He also points out that the injured was admitted to hospital on 12.05.2025 and was discharged on 16.05.2025, indicating a short period of hospitalization. He further submits that the injured sustained four injuries, two lacerated wounds on the left arm and two incised wounds on the left axilla and 3 back of the left shoulder, none of which were fatal to life. It is also emphasized that no bony injury was found, and although the query report mentions injury to the chest, the same was not life- threatening. He also submits that the applicant is in jail since 13.05.2025, 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 appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the allegations against the applicant are of a serious nature, as he is specifically named in the FIR and is alleged to have assaulted his own uncle with a tangiya, causing injuries on vital parts such as the shoulder and chest. It is further submitted that the assault was premeditated, arising out of an earlier dispute with the applicant’s mother, which indicates a motive and lends credibility to the prosecution case. She also contends that the injured had to be hospitalized for treatment, and the weapon used is a sharp and dangerous one, attracting serious penal provisions, therefore, the applicant 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, period of detention of the applicant since 13.05.2025, the fact that the incident arose out of a prior 4 quarrel between the injured and the applicant’s mother over alcohol, during which the injured had abused her. The applicant, aged about 22 years and being the nephew of the injured, is alleged to have assaulted the injured with Tangiya, resulting in injuries on non-vital parts of the body. The medical evidence shows that the injured sustained four injuries, two lacerated wounds on the left arm and two incised wounds on the left axilla and back of the left shoulder, none of which are fatal to life. No bony injury has been detected, and though the query report mentions an injury to the chest, the same is not life-threatening. The injuries are simple in nature and not of a grievous character 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- Demendra Deshmukh @ Dekendra Deshmukh, involved in Crime No. 24/2025 registered at Police Station Anda, District Durg, (C.G.) for the offence punishable under Section 109 of Bharatiya Nyaya Sanhita, 2023, be released on bail on their 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 5 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 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Rahul Dewangan Sd/- (Ramesh Sinha) Chief Justice
Arguments
Mr. Praveen Dhurandhar, Advocate. Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.08.2025 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. 24/2025 registered at Police Station Anda, District Durg, (C.G.) for the offence punishable under Section 109 of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that a report was lodged by the injured, Dinesh Dilliwar, stating that he works as a mason and, on 12.05.2025 at about 4:00 PM, while he was at his house, his RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 nephew (the present applicant) entered the house and assaulted him with a tangiya (axe), causing injuries to his left shoulder and chest. It is alleged that the motive for the assault was a dispute that had occurred about a week prior to the incident between the injured and the applicant’s mother over consumption of alcohol, during which abusive language had been exchanged. It is further stated that the injured was admitted to the hospital and received treatment, and subsequently, on the basis of the Dehati Nalishi, an FIR was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant has neither committed nor participated in any act which may constitute any of the alleged offences. It is contended that the