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2025 DAILYLAW 16280 (CHH)

RAMKHELAWAN YADAV v. STATE OF CHHATTISGARH

MCRC/2756/2025 · 2025-04-08

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Judgment text

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1 2025:CGHC:16474 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2756 of 2025 Ramkhelawan Yadav S/o Late Samaylal Yadav Aged About 30 Years R/o Village Dumariya, Police Station Bhatgaon, Tahsil Bhaiyathan, District Surajpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The SHO, Police Station Bhatgaon, District Surajpur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Siddharth Pandey, Advocate. For Respondent(s) : Mr. Hariom Rai, Panel Lawyer. 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. 83/2024 registered at Police Station Bhatgaon, District Surajpur (C.G.) for the offence punishable under Section 307 of the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Indian Penal Code (for short ‘IPC’). 3. Case of the prosecution, in brief, is that on 10.06.2024, the mother of the injured went to the shop situated nearby, and when she was talking to other villagers, at that time, the applicant came there used filthy languages and threatened her, her son, namely Sanjay Yadav, came there and prevented the applicant from using filthy languages, on account of which the applicant assaulted Sanjay Yadav with knife, therefore, the aforesaid offence was registered against the present applicant and subsequently, he was arrested. Hence, the bail application. 4. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 16.10.2024, therefore this second bail application is filed on the ground that applicant is in jail since 13.03.2024 and his prolonged incarceration would adversely affect his life, so far as status of trial is concerned, only six prosecution witnesses have been examined till date. He also submits that though the applicant has assaulted the injured, but the injured remained hospitalized for a few days only, charge-sheet has already been filed in present case, hence, he prays for releasing the applicant on regular bail. 5. On the other hand, learned State counsel opposes the bail application and submits that the applicant is alleged to have caused injuries to the injured on lumber region with knife, due to which, injured sustained grievous injuries on his person, so far as criminal antecedents of the applicant are concerned, applicant has seven 3 criminal antecedents, as such, he is a habitual offender and his bail application is liable to be rejected. 6. I have heard learned counsel for the parties and perused the case 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 by this Court vide order dated 16.10.2024 in MCRC No. 6551 of 2024 on the ground that applicant caused injuries to the injured on his lumber region with knife, which were found to be grievous in nature and applicant has seven criminal antecedents, which shows that applicant is a habitual offender, so far as status of trial is concerned, six witnesses have been examined, further there appears to be no new ground. 8. Accordingly, the second bail application of the applicant- Ramkhelawan Yadav, involved in Crime No. 83/2024 registered at Police Station Bhatgaon, District Surajpur (C.G.) for the offence punishable under Section 307 of 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil