Nafr High Court
Case Details
1 2025:CGHC:44703 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6959 of 2025 Sanjay Nagare S/o Chandrika Prasad Nagare Aged About 44 Years R/o Near Yash Kirana Shop, Ward No.38, Millpara, Durg, Police Station Kotwali, Durg, District- Durg, Chhattisgarh, ... Applicant VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.02 17:38:08 +0530 versus State Of Chhattisgarh Through Sho Police Station Durg Kotwali District- Durg (C.G.) ... Non-applicant For Applicant
Legal Reasoning
: Mr. Sudhanshu Kumar Singh, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri , Chief Justice Ramesh Sinha Order on Board 02.09.2025 1. 2. 3. Heard on I.A. No. 01/2025, an application for amendment in cause title and para No. 3 of the bail application. On due consideration and for the reasons mentioned in the application which is duly supported by an affidavit, the same is allowed. Counsel for the applicant is permitted to carry out necessary amendment during the course of the day. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of 2 regular bail, as he has been arrested in connection with Crime No. 107/2025, registered at Police Station – City Kotwali, Durg District - Durg (C.G.) for the offence punishable under Sections 109,296, 351(2),115(2),& 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 & 27 of the Arms Act. 4. As per prosecution story the complainant has lodged a report against the applicant and co-accused alleging that on 09/03/2025 when the complainant reached Millpara the co-accused Harshit Nagare has abused him and use filthy language on the issue of Holi and the he went from there and thereafter at around 08:30 PM complainants younger brother namely Yash Thakur has called him and informed him that when he went out for walk then the present applicant along with the co-accused had abused them and used filthy language and during the scuffle, while the present applicant Sanjay Nagare has slapped him the other co-accused Harshit Nagare has caused the injury with knife. And thus the present FIR came to be registered. 5. The applicant respectfully submits that he is innocent and has been falsely implicated. Even if the allegations are taken at face value, the only allegation against him is that he slapped the complainant’s brother, and no weapon was used to cause injury to Yash Thakur or Dinesh Thakur. No seizure has been made from the applicant, and the alleged recovery of a knife was from a drainage on the memorandum of a co-accused. In fact, after the first incident, the complainant’s brother and father came armed with a knife, threatened the applicant, and a scuffle ensued, but the FIR was lodged only around midnight. As per the radiology report, no bony injury was found on either injured 3 person, and hence the offence under Section 109 is not attracted. The applicant has been in jail since 09.04.2025, therefore, he prays for grant of regular bail to the applicant. 6. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. She further submits that the present applicant assaulted the injured due to which he suffered severe injury, therefore, he is not entitled for grant of regular bail. 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the facts and circumstances of the case, and upon perusal of the case diary, it is observed that the injuries sustained by the injured are simple in nature. The charge-sheet has already been filed before the competent Court, the applicant has no criminal antecedents, and he has been in judicial custody since 09.04.2025. As the conclusion of the trial is likely to take some time, this Court is of the considered opinion that the present applicant is entitled to be released on regular bail in the present case. 9. Let the applicant – Sanjay Nagare, involved in Crime No. 107/2025, registered at Police Station – City Kotwali, Durg District - Durg (C.G.) for the offence punishable under Sections 109,296,351(2),115(2),& 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 & 27 of the 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 4 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 sufficient cause, the trial court may proceed against his 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 his, 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 sufficient 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. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - vaibhav Sd/- (Ramesh Sinha) Chief Justice