Jagesh @ Jaggu Yadav vs State Of Chhattisgarh

Ramesh Sinha, J

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 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 Sections 126(2), 109(1), 296, 351(3), 3(5), 190, 191(2)(3) of Bharatiya Nyaya Sanhita (for short ‘BNS’).

Case of the prosecution, in brief, is that on 01.03.2025, 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 02.03.2025, 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 Sections 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.

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 04.03.2025, 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.

On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant alongwith 5 other co-accused persons including 2 juvenile are involved in the present case, they formed an unlawful assembly, armed with deadly weapons, with the intention of causing a riot forcibly pulled Rajkumar / injured off his motorcycle in Naya Para Ward, Dhamtari, assaulted him, and threatened to kill him, due to which, injured sustained 15 injures, out of which, 8 are stab injuries, which are

grievous in nature, further there is recovery of stick which is used to assault the injured recovered from the present applicant, therefore, they are not entitled for grant of bail.

I have heard learned counsel appearing for the parties and perused the case diary.

Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant alongwith 5 other co-accused persons including 2 juvenile are involved in the present case, they formed an unlawful assembly, armed with deadly weapons i.e. knife and stick with the intention of causing a riot forcibly pulled Rajkumar / injured off his motorcycle in Naya Para Ward, Dhamtari, assaulted him, and threatened to kill him, due to which, injured sustained 15 injures, out of which, 8 are stab injuries, which are grievous in nature, so far as recovery made from the present applicant is concerned, there is recovery of stick made from present applicants, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail.

Accordingly, the bail application of applicants-Jagesh @ Jaggu Yadav and Rajesh Yadav @ Khubu involved in Crime No. 45/2025 registered at Police Station City Kotwali, Dhamtari, District- Dhamtari (C.G.) for the offence punishable under Sections 126(2), 109(1), 296, 351(3), 3(5), 190, 191(2)(3) of BNS, is rejected.

Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.

Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance.