1 2025:CGHC:17252 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2894 of 2025 Shailendra Chhura @ Montu S/o Dashmukh Chhura Aged About 25 Years R/o Bhavna Nagar, Block No. 08/125, Ps. Khamhardih, Distt.- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through P.S. Telibandha, Distt.- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Ms. Ruchi Nagar, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.04.2025 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 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 No. 590/2024 registered at Police Station Telibandha, Distt.- Raipur (C.G.) for the offence punishable under Section 109 of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Sections 25 and 27 of Arms Act. 3. Case of the prosecution, in brief, is that on 13.09.2024, a Dehati Nalishi was lodged by victim, Sagar Banjare, alleging that on 12.09.2024, at around 5:00 P.M., while he was working at Country Bar (Ahata), Labhandih, Raipur, a fight broke out between a few persons in front of his workplace, when he attempted to intervene the applicant pulled out a knife from his pocket and assaulted him, therefore, aforesaid offence has been registered against the 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 30.01.2025, therefore this second bail application is filed on the ground that since the main witness, who is the complainant the case has turned hostile before the learned trial Court, charge-sheet has already been filed in the present case and the applicant is in jail since 13.09.2024, hence, she prays for releasing the applicant on regular bail. 5. On the other hand, learned State counsel opposes the bail application and submits that at a sudden quarrel took place between applicant and injured, the applicant stabbed the injured on his stomach with knife with intention to kill him, he then pulled him, 3 as a result of which, intestines of injured protruded and as per the opinion of doctor and query report, the same were found to be dangerous to life, as such, the bail application of the applicant is liable to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the above submissions made by the learned counsel for the parties, as the complainant of the case 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. 8. 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 30.01.2025 in MCRC No. 827 of 2025 on the ground that due to sudden quarrel, the applicant stabbed the injured on his stomach with knife with intention to kill him, he then pulled him, as a result of which, intestines of injured protruded and as per the opinion of doctor and query report, the same were found to be life threatening, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 9. Accordingly, the second bail application of the applicant- Shailendra Chhura @ Montu, involved in Crime No. 590/2024 registered at Police Station Telibandha, Distt.- Raipur (C.G.) for the offence punishable under Section 109 of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Sections 25 and 27 of Arms Act, is rejected 4 at this stage. 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11. 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