[Cites 2, Cited by 0]
Chattisgarh High Court
Jeet Deshlahare vs State Of Chhattisgarh on 27 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:14480
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2861 of 2026
Jeet Deshlahare S/o Santosh Deshlahare, Aged About 20 Years R/o Nepali
Mohalla, Sector- 11, Police Station Khursipar, District- Durg, Chhattisgarh
... Applicant
VAIBHAV
SINGH
Digitally signed by
VAIBHAV SINGH
versus
Date: 2026.03.28
15:59:04 +0530
State Of Chhattisgarh Through Police Station Khursipar, District- Durg,
Chhattisgarh ... Respondent
For Applicant : Mr. Vinamra Shrivastava, Advocate.
For Non-applicant/State : Mr. Soumya Rai, Dy. G.A.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board
27.03.2026
1. This is the first bail application filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the
applicant who has been arrested in connection with Crime No.
0001/2026, registered at Police Station - Khursipar, District - Durg
(C.G.) for the offence punishable under Sections 109, 117(2) & 3(5) of
BNS 2023.
2. The prosecution story, in brief, is that on the night of 01.01.2026 at
about 01:15 hours, the complainant Sudhir Kosle was going to
Mahesh Kirana Shop to buy gutkha and had reached near Singh Aata
Chakki. At that time, Ayush (co-accused) and present Applicant
namely Jeet arrived on a bike and inquired from him about Goldy.
Upon stating that he did not know, they went to some distance and
returned with Rohan and Sagar, saying, "You all know but are not
telling," and with a common intention to kill him, the present Applicant
Jeet assaulted him with a stick, Ayush struck him five to six times on
the head with a sharp iron object he had with him, Rohan assaulted
him with hands, and Sagar stood at a distance, while they were saying
"we will kill him."After complete investigation, Police Station Khursipar
submitted a charge sheet on 23.02.2026 against the
applicant/accused and co-accused person under Sections 109,
117(2), and 3(5) of the Bharatiya Nyaya Sanhita 2023.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in this case. It is further
submitted that since the charge sheet has already been filed before
the learned Trial Court, no useful purpose would be served by keeping
the applicant in continued custody. The MLC of the victim does not
support the prosecution case qua the present applicant, and the
material collected during investigation does not satisfy the essential
ingredients of the alleged offences; even the injuries sustained are not
of such a nature so as to attract the offence under Section 109 of the
Bharatiya Nyaya Sanhita, 2023. The applicant is a young individual
who has already remained in custody for more than two months
despite being innocent, and his continued detention would cause
serious prejudice to him and his family. It is also submitted that the
trial is likely to take considerable time, and prolonged incarceration
would be violative of Articles 14 and 21 of the Constitution of India.
The applicant has no past criminal antecedents and has been falsely
implicated in the present case, having no role in the alleged incident.
4. On the other hand, the learned State Counsel appearing for the
State/non-applicant vehemently opposed the bail application and
submitted that the present applicant, in furtherance of a common
intention along with the co-accused persons, assaulted the injured
with a stick, while co-accused Ayush inflicted repeated blows on the
head of the injured with a sharp iron object, resulting in multiple
serious injuries. It is contended that the nature of the assault, the
weapons used, and the specific role attributed to the present applicant
clearly demonstrate his active participation in the commission of the
offence.
5. I have heard learned counsel for the parties and perused the material
available on record.
6. Considering the facts and circumstances of the present case, the
nature and gravity of the offence alleged, and the material available
on record, it appears that the present applicant, in furtherance of a
common intention along with the co-accused persons, actively
participated in the assault on the injured; the applicant is alleged to
have assaulted the victim with a stick, while co-accused Ayush
inflicted repeated blows on the head of the injured with a sharp iron
object, resulting in multiple serious injuries, and the nature of the
assault, the weapons used, and the specific role attributed to the
present applicant prima facie establish his active involvement in the
commission of the offence, therefore, in view of the seriousness of the
allegations, the manner in which the offence has been committed, and
the severity of the injuries sustained by the victim, this Court is of the
considered opinion that it is not a fit case to enlarge the applicant on
regular bail at this stage. Accordingly, the bail application filed by the
applicant stands rejected.
7. Therefore, the bail application filed by the applicant/accused - Jeet
Deshlahare involved in Crime No. 0001/2026, registered at Police
Station - Khursipar, District - Durg (C.G.) for the offence punishable
under Sections 109, 117(2) & 3(5) of BNS 2023, is rejected.
8. Needless to say that the trial Court concerned is at liberty to proceed
and conclude the trial expeditiously.
9. Office is directed to send a certified copy of this order to the trial Court
concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
vaibhav
