JAGESH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the applicants who have been arrested in connection with Crime No. 45/2025 registered at Police Station City Kotwali, Dhamtari, District- Dhamtari (C.G.) for the offence punishable under Ss. 126(2), 109(1), 296, 351(3), 3(5), 190, 191(2)(3) of Bharatiya Nyaya Sanhita (for short 'BNS').

(2.) Case of the prosecution, in brief, is that on 1/3/2025, the applicants/accused had an altercation with Rajkumar Yadav along with Rajveer Singh Mehra alias Ginni, Jaggu alias Jagesh Yadav, Jaggu's uncle Rajesh Yadav, Nirbhay alias Alo's brother Bablu Dhimar, and Shubham Yadav. Taking this matter further, on 2/3/2025, the applicants/accused, along with other co-accused individuals and juvenile delinquents, formed an unlawful assembly, armed with deadly weapons, with the intention of causing a riot. They forcibly pulled Rajkumar off his motorcycle in Naya Para Ward, Dhamtari, abused him, and threatened to kill him. The accused Ginni Sardar, Jaggu, Nirbhay alias Alo's brother, and others assaulted Rajkumar multiple times with sharp objects and sticks, causing life-threatening injuries. Based on the complaint filed by Lalit Mishra, a case (Crime No. 45/2025) was registered against the applicants/accused and other accused individuals under Ss. 126(2), 109(1), 296, 351(3), 3(5), 190, and 191(2), (3) of the BNS. After completing the investigation, a charge sheet was filed and subsequently, applicants are arrested. Hence, the bail application.

(3.) Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the main accused in present case is Ginni Sardar who assaulted the injured persons with sharp edged weapon i.e. knife, so far as seizure made from present applicant is concerned, no seizure of knife or any weapon has been made from him, seizure of knife has been seized from other co-accused, namely, Rajveer Singh Mehra, Lileshwar @ Bablu Dhimar and Shubham Yadav. The applicant is in jail since 4/3/2025, 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 applicants.