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Digitally signed 2026:CGHC:22954

by ABHISHEK

ABHISHEK SHRIVAS

SHRIVAS D 20a 2te 6: .05.15 NAFR

17:38:55

+0530

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 4534 of 2026

Madhuban Soni S/o Late Shri Madan Soni Aged About 19 Years R/o Subhash

Nagar Gali No. 01, Back of Santoshi Nagar, P.S. Ganj, Distt. - Raipur (C.G.)

... Applicant

versus

State of Chhattisgarh Through Police Station - Ganj, Distt. - Raipur (C.G.)

... Non-applicant

For Applicant : Mr. Pragalbha Sharma, Advocate.

For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

14.05.2026

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. 39/2026 registered

at Police Station – Ganj, District Raipur (C.G.), for the offences

punishable under Sections 296, 351(2), 115(2), 118(1), 109 and 3(5) of

the Bhartiya Nyaya Sanhita, 2023.

2. As per the prosecution story, on 05.02.2026, the applicant, Madhuban

Soni, along with a juvenile co-accused, intercepted the complainant and

initiated a verbal altercation involving abusive language. The

confrontation quickly turned physical. The core allegation of the

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prosecution is that the applicant used a broken, sharp beer bottle to

launch a lethal assault on the complainant. On the basis of the said

allegations, an offence has been registered against the applicant.

3. Learned counsel for the applicant submits that the present applicant has

been falsely implicated in this case. He submits that the applicant has no

role to play in the commission of the alleged offence. The applicant did

not use any broken beer bottle or any other weapon to assault the

complainant. The injuries sustained by the complainant were purely

accidental and were caused by street debris. He also submits that the

prosecution story is completely concocted and manipulated to falsely

implicate the applicant. The true facts of the incident are that the

complainant accidentally slipped and fell onto a broken bottle that was

already lying on the street. The medical evidence records injuries on the

complainant’s back. This physical evidence is entirely consistent with the

defence’s version that the complainant fell backward onto sharp glass

pieces lying on the road, rather than being subjected to an intentional

assault. He submits that the applicant is a young boy of 19 years,

standing at the threshold of his life. Continued detention would cause

irreparable damage to his future and deprive him of reformative

opportunities, which is a settled consideration in bail jurisprudence. He

submits that the applicant has no criminal antecedents and he is in jail

since 11.02.2026, conclusion of the trial may take some time, therefore,

he prays for grant of regular bail to the applicant.

4. On the other hand, learned State counsel opposes the bail application of

the present applicant and submits that the applicant assaulted the injured

with a broken beer bottle, causing injuries to the injured’s back, left hand,

and waist. She further submits that, upon perusal of the MLC of the

injured, the Doctor who initially prepared the MLC had described the

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injuries as simple in nature, but subsequently corrected them to

moderate. Considering the allegations against the applicant, she

contends that the applicant is not entitled to the grant of regular bail in the

present case.

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

case diary.

6. Considering the allegations levelled against the applicant, particularly

that he assaulted the injured with a broken beer bottle causing injuries to

the back, left hand, and waist of the injured, and further considering the

medical evidence placed on record, wherein the injuries were

subsequently opined to be moderate in nature, this Court is not inclined

to grant regular bail to the applicant.

7. Accordingly, the first bail application of the applicant – Madhuban So