1 2025:CGHC:15904 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2645 of 2025 Vishwant Yadav S/o Horilal Yadav Aged About 24 Years R/o Jorapara Behind Raipura, Thana P.S. D.D. Nagar District Raipur Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station Amanaka Raipur, District Raipur Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Suresh Tandan, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.04.2025 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 has been arrested in connection with Crime No. 208/2024 registered at Police Station Amanaka Raipur, District Raipur (C.G.) for the offence punishable under Sections 294, 307, 34 of the IPC and Sections 25 and 27 of Arms Act. 2. Case of the prosecution, in brief, is that on May 3, 2024, at 10:15 A.M., the complainant, Leelaram Sahu, along with his companion, AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Mukesh Sahu, went to the country liquor shop located at Tatibandh Transport Nagar to purchase liquor. Due to the large crowd, Leelaram stood in line while Mukesh stood at a distance. Suddenly, the accused, Akash Pandey and Vishwant Yadav, approached Leelaram from behind, pushed him and started using obscene language. When Leelaram objected, the accused became aggressive, Vishwant caught Leelaram from behind and then Akash stabbed Leelaram in the stomach with a knife, intending to kill him. Both accused fled the scene, leaving Leelaram severely injured and bleeding profusely. Thereafter, the injured was admitted to the hospital for treatment. Based on Leelaram's report, a crime was registered at Aamnaka Police Station, Raipur, under Crime No. 208/2024, Sections 294, 307, and 34 of the Indian Penal Code. During the investigation, both accused were arrested and sent to jail. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 06.11.2024, therefore this second bail application is filed on the ground that the main accused in the case is Akash Pandey @ Mahendra, who caused injuries to the complainant/injured, further the complainant himself has not supported the case of prosecution, he turned hostile before the learned trial Court, charge-sheet has already been filed in the present case and the applicant is in jail since 09.05.2024, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail 3 application and submits that the applicant allegedly caught hold the injured, while co-accused, namely, Akash Pandey reportedly stabbed the injured on his abdomen with a knife, due to which, he sustained grievous stab injuries on his abdomen and other vital parts of the body, the incident occurred during a scufÒe arose between applicant and injured, when they were at liquor shop, further there is seizure of knife from the applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the above submissions made by the learned counsel for the parties, as the complainant/injured has turned hostile, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 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 by this Court vide order dated 06.11.2024 in MCRC No. 7640 of 2024 on the ground that the applicant allegedly caught hold the injured, while co-accused, namely, Akash Pandey reportedly stabbed the injured on his abdomen with a knife, due to which, injured sustained grievous stab injuries on his abdomen and other vital parts of the body, the injured was also admitted in the hospital for a week, further there is seizure of knife from the applicant, there appears to be no new ground. 8. Accordingly, the second bail application of the applicant- Vishwant 4 Yadav, involved in Crime No. 208/2024 registered at Police Station Amanaka Raipur, District Raipur (C.G.) for the offence punishable under Sections 294, 307, 34 of the IPC and Sections 25 and 27 of 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. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil