Sukhdev Sonwani vs State Of Chhattisgarh

The applicant has preferred this second 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. 0211/2025 registered at Police Station Rakhi, District Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 351(2) and 109 of BNS and Sections 25 and 27 of the Arms Act.

Case of the prosecution, in brief, is that on 31/12/2025, the complainant Nageshwar Sagar lodged a report alleging that on 30/12/2025 at about 10:30 PM, the applicant herein assaulted him and two other persons namely Tarun Yadav and Uttam Yadav by using a knife as a result of which, they sustained multiple injuries.

Mr. Pushpendra Kumar Patel, learned counsel appearing for the applicant, would submit that the applicant is innocent and has falsely been implicated in the present case. He would further submit that the applicant has only one live criminal antecedent registered in the year 2025 for offence punishable under Sections 296, 351(2), 115(2), 118(1) and 3(5) of BNS and is still pending. He would also contend that the injured persons have already been examined and out of them, Uttam Sahu, who is said to have suffered grievous injuries, has not supported the case of the prosecution. He would lastly contend that the charge-sheet has already been filed and the applicant has been in judicial custody since 12/01/2026, and since the conclusion of the trial is likely to take considerable time, the applicant may be enlarged on regular bail.

On the other hand, Mr. Sourabh Sahu, learned counsel appearing for the non-applicant/State, would oppose the bail application and submit the applicant has one live criminal antecedent of similar nature. He would also submit that out of the three injured persons, two have suffered simple injuries, however, the injuries suffered by one of them is grievous in nature; thus, the applicant is not entitled to be released on regular bail.

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

The allegation levelled against the present applicant is that he assaulted the complainant Nageshwar Sagar and two other persons Tarun Yadav and Uttam Yadav using a knife as a result of which, they sustained multiple injuries. In the said incident, Uttam Yadav sustained grievous injuries on his abdomen and had to undergo surgery whereas the injuries sustained by Nageshwar Sagar and Tarun Yadav were simple in nature. These three injured witnesses have already been examined before the trial Court and Uttam Sahu, who had suffered grievous injuries, has not supported the case of the prosecution.

Thus, having considered the facts and circumstances of the case, particularly that the injured persons have already been examined before the trial Court and out of them, Uttam Sahu, who had suffered grievous injuries, has not supported the case of the prosecution, further considering that applicant has only one live criminal antecedent though of similar nature, charge-sheet has already been filed and the applicant is in judicial custody since 12/01/2026, and out of 25 witnesses, only 10 witnesses have been examined so far and the conclusion of the trial is likely to take some time, without expressing any opinion on the merits of the matter, this Court 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.