Satish Joshi vs State Of Chhattisgarh

The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 138/2025 registered at Police Station City Kotwali, District Dhamtari (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 103(1) and 3(5) of the BNS.

Case of the prosecution, in brief, is that complainant Anusuiya Bai lodged a report at the Police Station stating that on 06/06/2025 at about 11:15 PM, juvenile co-accused persons namely Karan Satnami and Lucky Satnami along with the present applicant were using filthy language in front of complainant’s house and when her son Vikas Dhruv raised objection, knife blows were inflicted upon him by co-accused Karan Satnami. Injures Vikas Dhurv was taken to Hospital, however, he succumbed to his injuries during the course of the treatment and died. On the said complaint, police registered the aforesaid offences against the applicant and co-accused persons.

Mr. Hemant Kumar Agrawal, learned counsel appearing for the applicant, would submit that the applicant is innocent and he did not participate in the commission of the crime. He would further submit that the charge-sheet has already been filed and the applicant has been in judicial custody since 10/06/2025. He would also contend that the applicant has no criminal antecedents and the allegation of assault by means of a knife is levelled against juvenile co-accused Karan Satnami and therefore, the applicant may be enlarged on bail.

On the other hand, Mr. Dharmesh Shrivastava, learned counsel appearing for the non-applicant/State, would oppose the bail application and submit that the applicant along with co-accused persons, in furtherance of their common intention, assaulted the deceased by means of a knife. He would admit the fact the knife injuries were inflicted on the deceased by co-accused Karan Satnami.

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

Having considered the facts and circumstances of the case, nature and gravity of the offence and the role of the present applicant, particularly considering that the knife injuires were inflicted by co-accused Karan Satnami and there is no specific allegation against the present applicant in the entire FIR and further considering that charge-sheet has already been filed, the applicant has no criminal antecedent and he is in judicial custody since 10/06/2025, and the conclusion of the trial is likely to take some time, this Court, without commenting on the merits of the matter, is inclined to enlarge the applicant on regular bail. Accordingly, the bail application is allowed.

It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail, on following conditions :-

The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits.