1 2025:CGHC:11375 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1791 of 2025 Bhagwati Prasad Dewangan S/o Meelush Dewangan, Aged About 26 Years, R/o Ward No. 02, Baronada, P.S. Kharora, Teh. and Distt. Raipur (C.G.). ... Applicant versus State of Chhattisgarh Through Police Station of Kharora, District - Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Pragalbha Sharma, Advocate For Non-Applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 07.03.2025 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 have been arrested in connection with Crime No. 237/2024 registered at Police Station : Kharora, District – Raipur (C.G.), for the offence punishable under Sections 294, 323, 506 and 326 of Indian Penal Code. 2 The case of the prosecution, in brief, is that on 03.04.2024, the complainant made a complaint alleging therein that the applicant has abused and assaulted her husband. For which an FIR was registered PREETI KUMARI Digitally signed by PREETI KUMARI 2 under Sections 294, 323, 506 and 326 of Indian Penal Code and subsequently, while filing the charge-sheet 326 of IPC was added. 3 Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the first bail application which was dismissed on merits by this Court vide order dated 18.07.2024 passed in MCRC No. 4195/2024 wherein it was directed to the trial Court to conclude the trial as earlier as possible preferably within a period of six months. At present the matter is still pending before learned trial Court and only two witnesses have been examined. He further submits that the charge-sheet has been submitted and he is in jail since 07.04.2024. Therefore, he prays that the applicant to be enlarged on bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. Further, the applicant is said to have assaulted the injured and initially, FIR was registered for offence under Sections 294, 323,, 506 of the Indian Penal Code, but subsequently, after the medical examination of the injured at a private hospital, offence Section 326 of IPC was registered. It is further submitted that as per the CT Scan conducted, there is parietal fracture on outer table right frontal bone with over line soft tissues laceration which itself shows that the injuries sustained to the injured are grievous in nature. Hence, the bail application of the applicant is also liable to be dismissed. Therefore, the applicant is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the fact and circumstances of the case and the fact that the first bail application which was rejected by this Court on 3 merit vide order dated 18.07.2024 passed in MCRC No.4195/2024 on the ground that the applicant is said to have assaulted the injured and as per the CT scan report, there is parietal fracture on outer table right frontal bone with over line soft tissues laceration which itself shows that the injuries sustained to the injured are grievous in nature, therefore, considering the facts and circumstances of the case and the serious of the crime, I am not inclined to allow this second bail application. 7 Accordingly, the second bail application of the applicant - Bhagwati Prasad Dewangan involved in Crime No. 237/2024 registered at Police Station : Kharora, District – Raipur (C.G.), for the offence punishable under Sections 294, 323, 506 and 326 of Indian Penal Code, is rejected at this stage. 8 No new ground has been raised in this second bail application. More so, as the time period of six months granted to the learned Trial Court from 18.07.2024 has already expired, further 02 months time has been granted to conclude the trial vide order dated 04.02.2025 passed in CRMP No. 436/2025. 9 OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti