1 2025:CGHC:19918 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3235 of 2025 1 - Harish Kumar Ghritlahre S/o Shivdayal Ghritlahre, Aged About 25 Years, R/o Gandhi Nagar, Behind Sai Mandir, Ward No. 15, Police Station Vaishali Nagar, District Durg, Chhattisgarh. ... Applicant (s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Vaishali Nagar, District Durg, Chhattisgarh. ... Respondent(s) For Applicant : Mr. Mahendra Dubey, Advocate For Respondent/State : Mr. HAPS Bhatia, Panel Lawyer SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 01/05/2025 1. Heard. 2. This is the third application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.212/2022 registered at Police Station Vaishali Nagar, District Durg for the offence punishable SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2025.05.02 11:11:09 +0530 2 under Sections 302, 34 of the IPC. 3. The second application of the applicant was dismissed on merits by order dated 18.3.2024 passed in MCRC No.363 of 2024. The first bail application of the applicant was dismissed as withdrawn by order dated 6.7.2023 passed in MCRC No.3968 of 2023 with liberty to file afresh after examination of material witnesses. 4. Prosecution case, in brief, is that complainant Abdul Rajja Qureshi lodged an FIR to the effect that on the date of the incident i.e. 20.9.2022, at night, his brother Abdul Gyasu @ Baba Qureshi (deceased) along with his friends (accused) had gone to have dinner at Pranay Bhawan in the Maruti Omni Car of accused - Ajju Bhadoria. On the way, the vehicle broke down, on which, the accused persons asked the deceased to push the vehicle but he denied. On account of such denial by the deceased, he was assaulted with knife by co- accused Aijju and with brick by Harish (present applicant), co-accused Bhupesh and Samir and with hands & fists by co-accused Pankaj and Bijju@ Brijesh, as a result of which, the deceased succumbed to the injuries sustained by him. Hence, the aforesaid offence has been registered. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He would further submit that the Doctor, in his statement, did not give a definite opinion with regard to cause of death and as to whether the death was homicidal in nature. He submits that the applicant is in jail since 21.9.2022; conclusion of trial is likely to take considerable time; and therefore, considering all these aspects, the applicant may be enlarged on bail. 3 6. On the other hand, learned counsel for the State would oppose the bail application. He would submits that the earlier bail application of the applicant was rejected on merits and further, the trial is also in progress. He submits that considering the role attributed to the present applicant as he also participated in the assault, the present is not a fit case to enlarge the applicant on bail. 7. Considering the facts and circumstances of the case, particularly considering that the earlier bail application of the applicant has been rejected on merits after considering the gravity of the offence and the role attributed to the present applicant and also considering that the trial is in progress, this Court is not inclined to grant bail to the applicant. 8. Accordingly, the bail application is dismissed. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously. Sd/- (Deepak Kumar Tiwari) Judge Shyna