1 2025:CGHC:12904 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2150 of 2025 Hemlal Divya @ Kushva S/o Chetan Lal Divya Aged About 28 Years R/o Nawadih, Police Station - Kartala, District - Korba Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Station House OfÏcer, Police Station - Kartala, District – Korba, Chhattisgarh. …. Non-applicant For Applicant : Mr. N.K. Chatterjee, Advocate. For Non-applicant/State : Mr. Supriya Upasane, Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 18.03.2025 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 16/2024 registered at Police Station – Kartala, District – Korba (C.G.) for the offence punishable under Section 302, 201, 120-B of the Indian Penal Code (IPC). 2. Case of the prosecution, in brief, is that the complainant Ajay Kumar Sahu/brother of the deceased lodged FIR on 01.03.2024 that on 14.02.2024 he was at the choice center at Nawadih, then at 9.30 pm he got a call that his brother met with an accident, after asking the name of the caller, the caller did not tell his name, then he told his RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 brother to go to Dwari and gave caller's number to his brother Amit, his brother Amit went out by vehicle and did not return home at night, they tried to call him in the morning but Amit did not picked the phone, after that complainant along with Yashwant Sidar, Rakesh Rathiya went towards Dwari in search for his brother Amit, while going from Oari Road which leads to Labaid, they saw a bolero of his brother and his brother Amit's body was 25 feet away from the road, some unknown person have crushed his head by a big stone and by car, his brother has multiple injuries in hand and leg. On the basis of the complaint, the police of Police Station Kartala registered FIR. Hence, this application. 3. First bail application of the applicant was rejected by this Court vide order dated 16.07.2024 passed in MCRC No.4693/2024. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the trial of the present case is on going on and out of 35 prosecution witnesses, 12 have been examined. It is submitted that the applicant is in jail since 01.03.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 5. On the other hand, learned State counsel, opposes this second bail application and submits that the mobile phone used in the crime has been seized from the possession of the applicant, further the applicant is said to have brutally killed the deceased by Bolero and thereafter, they crushed his head with stone. As such, this second bail application deserves to be rejected. 3 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case and also considering the fact that though the trial of the present case is on going on and out of 35 prosecution witnesses, 12 have been examined, but the mobile phone used in the crime has been seized from the possession of the applicant, further the applicant is said to have brutally killed the deceased by Bolero and thereafter, they crushed his head with stone, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, this second bail application of applicant – Hemlal Divya @ Kushva involved in Crime No. 16/2024 registered at Police Station – Kartala, District – Korba (C.G.) for the offence punishable under Section 302, 201, 120-B of the IPC, is rejected at this stage. 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar