1 2025:CGHC:15460 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2580 of 2025 Kishan Kumar S/o Shri Sudhram Sonwani Aged About 33 Years R/o Vill- Achanakpur (Kanshigarh), P.S. Jaijaipur, Dist- Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through – S.H.O. P.S. Jaijaipur, District – Sakti (C.G.) …. Non-applicant For Applicant : Mr. Ravindra Sharma, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 02.04.2025 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. 146/2024 registered at Police Station – Jaijaipur, District – Sakti (C.G.) for the offence punishable under Sections 296, 351(2) and 109(1) of the Bharatiya Nyaya Sanhita, 2023 (In short, BNS). 2. Case of the prosecution, in brief, is that the complainant Smt. Ghashnin Bai lodged the complainant/FIR on 12.07.2024 stating that the applicant is her neighbour and on 12.07.2024, the applicant and his family members were digging pit across the road to put pipe line RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 then the complainant has objected them to dig pit across the road and told them to extend the main drain to put out the water of his house then the applicant has used filthy language and threatened to kill and also attacked the injured by Axe (Tangi) due to which he sustained injuries. The complainant/wife of the injured has lodged report before the Police Station. Hence, this application. 3. First bail application of the applicant was rejected by this Court vide order dated 08.11.2024 passed in MCRC No. 7730/2024. 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 the seizure witnesses have been turned hostile but one witness has supported the case of the prosecution. It is submitted that the applicant is in jail since 12.07.2024, 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 the bail application and submits that there was some dispute between the applicant and the injured regarding laying down of pipe line, due to which the applicant has assaulted the injured by hard and blunt object, the injured received grievous injury i.e. fracture of temporal bone, on which ground the first bail application of the applicant was rejected by this Court. Thus, the bail application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 3 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 the seizure witnesses have been turned hostile but one witness has supported the case of the prosecution, but considering the nature of allegation that there was some dispute between the applicant and the injured regarding laying down of pipe line, due to which the applicant has assaulted the injured by hard and blunt object, the injured received grievous injury i.e. fracture of temporal bone, 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 – Kishan Kumar involved in Crime No. 146/2024 registered at Police Station – Jaijaipur, District – Sakti (C.G.) for the offence punishable under Sections 296, 351(2) and 109(1) of the BNS, 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