1 2025:CGHC:10508 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1723 of 2025 Bharatlal Shriwas S/o Bhagat Ram Shriwas Aged About 32 Years R/o Village - Kasaipali, Chauki - Jobi, Thana - Kharsiya, Distt - Raigarh Chhattisgarh ... Applicant(s) versus The State Of Chhattisgarh Through SHO, Police Station - Kartala, Distt. - Korba Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Samir Singh, Advocate. For Non-Applicant(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.03.2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 73/2024 registered at Police Station Kartala, Distt. - Korba (C.G.) for the offence punishable under Sections 309(6), 61(2)(a) and 238 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the complainant lodged a report to the Police Station Kartala, Distt. - Korba (C.G.) alleging AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 therein that on 05.08.2024, when he was going to his home at that time one unknown person hit his head with a stick and thereafter, took his bag of money Rs.4,80,000/- and fled away, thereafter, offence has been registered against the applicant and applicant has been arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 25.11.2024, therefore this second bail application is filed on the ground that since the complainant and other witnesses have turned hostile before the learned trial Court. He further submits that the applicant has one criminal antecedent of the year 2021 under the IPC, in which the applicant has already been acquitted, so far as status of trial is concerned, out of 20 witnesses, the statement of 3 witnesses have been recorded, further charge- sheet has already been filed in the present case and the applicant is in jail since 10.08.2024, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant has one criminal antecedent of the year 2021 under the IPC, further the applicant and other co-accused persons were alleged to have attacked the complainant on his head with a stick and also took his bag, in which he kept Rs.4,80,000/- and fled away, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case 3 diary. 6. Considering the above submissions made by the learned counsel for the parties, as the complainant and other witnesses have turned hostile, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 7. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 25.11.2024 in MCRC No. 8130 of 2024 on merits, so far as status of trial is concerned, out of 20 witnesses, the statement of 3 witnesses have been recorded, further there appears to be no new ground. 8. Accordingly, the second bail application of the applicant- Bharatlal Shriwas, involved in Crime No. 73/2024 registered at Police Station Kartala, Distt. - Korba (C.G.) for the offence punishable under Sections 309(6), 61(2)(a) and 238 of BNS, is rejected at this stage. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of three months from the date of receipt of this order in accordance with law, if there is no legal impediment. 10. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil