1 2025:CGHC:11228 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1843 of 2025 1 - Maneshwar Giri @ Chotu S/o Late Naresh Giri Aged About 25 Years R/o Village Kopa Police Station Sanna Tahsil Bagicha District - Jashpur (C.G.) 2 - Deonarayan Gir @ Kiral S/o Late Naresh Giri Aged About 22 Years Caste Gonsai Bothare R/o Village Kopa Police Station Sanna Tahsil Bagicha District - Jashpur (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House OfÏcer Police Station Sanna District - Jashpur (C.G.) ... Non-Applicant For Applicants : Mr. Sanjeev Kumar Sahu, Advocate For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/03/2025 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who have been arrested in connection with Crime No. 85/2023 registered at Police Station- Sanna, District- Jashpur (C.G.), for the offence punishable under Sections 294, 323, 506 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Part II, 307, 34 of IPC. 2. The earlier bail application of the applicants have already been rejected by this Court being MCRC No. 6989/2024, vide order dated 07.11.2024. Hence, this bail application. 3. Case of the prosecution, in brief, is that on 06.07.2023 at about 1.30 pm, the complainant Gopal Ram Chouhan lodged a written report before the concerned police station against the present applicants that they were assaulted him on account of which, he received injuries, based upon such, the complainant lodged an FIR against them for offences under Section 294, 323, 506 Part II, 307, 34 of IPC. 4. Learned counsel for the applicants submit that the earlier bail application of the applicants was rejected by this Court being MCRC No. 6989/2024, vide order dated 07.11.2024 on merits and the new ground for filing of the second bail application is that the present applicants were not assaulted the victim, they were made accused only for doughful reasons. He further submits that the MLC has done and the victim has admitted in the hospital and thereafter he discharge on the same day and no opinion of doctor the complication of life of victim therefore the medical report doubtful, if whole the prosecution story is excepted no case is made out under Section 307 against the present applicants because the present applicants not assaulted the victim, thus the applicants deserves to be released on bail. He further submits that the complainant is at the time of incident, was at drunken condition and the doctor was advised the victim to examine CT- Scan & X-ray report but no any 3 report has submitted therefore, the allegation is not made out against the applicant. Hence, he prays for grant of bail to the applicant. 5. Learned Panel Lawyer appearing for non-applicant/State submits that applicants are said to have assaulted the injured with hard and blunt object and further there were three accused persons including the present two applicants. Further, the applicant Deonarayan Giri has assaulted the injured through hand and fist and applicant Maneshwar Giri has assaulted the injured with stick and co- accused, namely, Kuldeep Chauhan has assaulted the injured with iron axe and the injured has sustained grievous injuries and there was blood loss and a fracture on tibial head, which could result in the death or handicap-ness of the injured. He further submits that earlier bail application of the applicants have already been rejected by this Court being MCRC No. 6989/2024, vide order dated 07.11.2024. Hence, the present bail application is liable to be rejected 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the applicant Deonarayan Giri has assaulted the injured through hand and fist and applicant Maneshwar Giri has assaulted the injured with stick and co-accused, namely, Kuldeep Chauhan has assaulted the injured with iron axe and the injured has sustained grievous injuries and there was blood loss and a 4 fracture on tibial head, which could result in the death or handicap-ness of the injured and further considering the fact that the earlier bail application of the applicants have already been rejected by this Court being MCRC No. 6989/2024, vide order dated 07.11.2024 and there appears to be no new ground has been raised in this case, hence, this Court is of the opinion that it is not a fit case to enlarge the applicants on bail. 8. Let the Second bail application of the applicants – Maneshwar Giri @ Chotu and Deonarayan Giri @ Kiral, involved in Crime No. 85/2023 registered at Police Station- Sanna, District- Jashpur (C.G.), for the offence punishable under Sections 294, 323, 506 Part II, 307, 34 of IPC, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith - S/- Sd/- (Ramesh Sinha) Chief Justice Kunal 5