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2025 DAILYLAW 15417 (CHH)

PANKAJ SARANG v. STATE OF CHHATTISGARH

MCRC/2794/2025 · 2025-04-08

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Judgment text

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1 2025:CGHC:16463 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2794 of 2025 Pankaj Sarang S/o Late Manglu Sarang Aged About 23 Years R/o Near Sheetla Mandir, Gogaon, Purani Basti, Police Station Gudhyari, District : Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Police Station Gudhyari, District : Raipur, Chhattisgarh ... Respondent For applicant : Shri Umesh Pandey, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.14 12:48:32 +0530 2 544/2024 registered at Police Station, Gudhyari Raipur (C.G.) for the offence punishable under Sections 109, 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 25 & 27 of the Arms Act. 3. Case of the prosecution, in brief, is that complainant Chatrapal Thakur informed the police station Gudhyari that on 19.08.2024, he went to join death anniversary and stayed in his sister's home. In the night, he was sitting with his nephew near Gogaon chowk, at the same time, Shekhar Bharti and Gannu were quarrelling and abusing each other. The complainant and one Dipesh intervened between them, in between, the co-accused person took knife and attacked on complainant, when Dipesh tried to save him then present applicant attacked on Dipesh and others. Police registered the crime No. 544/2024, under the offence punishable under Section 109, 3(5) of the BNS and Section 25, 27 of the Arms Act. 4. Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 24/01/2025, therefore this second bail application is filed on the ground that PW-1 Amit Singh and PW-2 Dipesh Dhruv have turned hostile, further charge-sheet has already been filed in the present case, the applicant is in jail since 09/11/2024 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 5. On the other hand, learned State counsel opposes the bail application. 6. I have heard learned counsel for the parties and perused the case 3 diary. 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 on merits by this Court vide order dated 24/01/2025 in MCRC No. 709/2025. Only ground which has been raised in this second bail application is that PW-1 Amit Singh and PW-2 Dipesh Dhruv have turned hostile which cannot be a ground to entertain this second bail application. 8. Accordingly, the second bail application of the applicant-Pankaj Sarang, involved in Crime No. 544/2024 registered at Police Station, Gudhyari Raipur (C.G.) for the offence punishable under Sections 109, 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 25 & 27 of the Arms Act 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri