KUNDAN JHA 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 applicant who has been arrested in connection with Crime No. 133/2025 registered at Police Station Bhatgaon, District Surajpur (C.G.) for the offence punishable under Ss. 296, 351(3), 115(2), 324(4), 109, 3(5) of BNS.

(2.) Case of the prosecution, in brief, is that on the night of 20/8/2025 at around 11:30 PM, an incident of assault took place involving the complainant Yash Kumar. On 21/8/2025 at 4:45 AM, he lodged FIR No. 133/2025 at Police Station Bhatgaon, alleging that accused persons Kundan Jha (present applicant), Suraj Jha and Aniket Gupta attacked the victim Shravan Jaiswal. In particular, Kundan Jha allegedly assaulted the injured/victim with a knife on the head, causing injury. Subsequently, a counter case (Crime No. 134/2025) was registered on 23/8/2025 at 6:37 PM by Arya Jha, wife of accused Kundan Jha, three days after the original incident. The police report indicates that main accused Suraj Jha and Aniket (Lucky) absconded after the incident, and Aniket's anticipatory bail was rejected. 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 wife of the applicant lodged cross FIR against the complainant party, which was registered as case Crime No.134 of 2025 on 23/8/2025, in which the complainant party has been granted bail by the trial Court. He also submits that the younger brother of the applicant was assaulted and sustained injuries, further the complainant party is an influential person. He later submits that the daughter of the applicant, who was aged about 6 years was died on 19/10/2025 due to drowning in river, merg intimation of the same has been annexed as Annexure A/8. The applicant is in jail since 27/9/2025 and he has 24 criminal antecedents, but last case is of the year 2017 and the applicant is an SECL employee, further charge-sheet has not been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.