1 2025:CGHC:21494 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3362 of 2025 Ashok Mandal S/o Shri Sakaldev Mandal Aged About 32 Years R/o Village Bori, Out Post Chikhali, District Rajnandgaon Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Out Post Chikhali, Police Station Kotwali District Rajnandgaon Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Aditya Bhardwaj, Advocate. For Respondent(s) : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.05.2025 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. 15/2025 registered at Police Station Out Post Chikhali, Police Station Kotwali District Rajnandgaon (C.G.) for the offence punishable under Sections 296, 109(1) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Sections 25, 27 of Arms Act. 2. Case of the prosecution, in brief, is that on January 11, 2025, at AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 around 5:30 P.M., the complainant, Phaleshwar Verma, was waiting for his friend Akash Jangde near Road Gataula. The accused, Ashok Mandal, approached him and, due to a prior dispute over DJ operation payment, began verbally abusing the complainant with obscene language. The accused then allegedly attacked the complainant with a sharp-edged weapon on the right side of his neck with the intent to kill. Akash Jangde arrived shortly after, called an ambulance, and had the victim admitted to District Hospital, Basantpur Ranjangaon, for medical treatment. The Police registered a case and filed a charge-sheet against the accused on March 5, 2025, leading to this 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 27.03.2025, therefore this second bail application is filed on the ground that the applicant is suffering from Lymphoma cancer and is ongoing medical treatment is not possible in the jail premises, due to lack of adequate medical facilities, further it has now come to the fore that although it was previously submitted by the prosecution that the complainant underwent surgery, the charge-sheet does not contain any medical records, or post- operative reports indicating the plastic surgery, the long-term nature of the injury, thereby mitigating the seriousness of the alleged offence, copy of relevant part of medical examination is being annexed herewith as Annexure A/5, further the applicant is in jail since 12.01.2025, hence, he prays for releasing the applicant on 3 regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that on the last date of hearing i.e. 01.05.2025, time was granted to verify the medical condition of the applicant and it is stated that as per MLC Report, the applicant is found to be fit and in the statement recorded by the Jail Authority, the applicant himself has stated that he is completely fine an no further treatment is required, as his treatment was already completed one year ago. 5. I have heard learned counsel for the parties and perused the case diary. 6. 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 27.03.2025 in MCRC No. 2388 of 2025 on the ground that the applicant has assaulted the injured with knife on his right side of neck, due to which, the injured was admitted in the hospital for 05 days and underwent a surgery as the cut on his neck was 03 x 01 cm deep in dimension, which itself shows that the injured sustained injury on his vital parts and the medical ground taken by the applicant in this second bail application appears to be vague one, as per MLC Report, the applicant is found to be fit and in the statement recorded by the Jail Authority, the applicant himself has stated that he is completely fine an no further treatment is required, as his treatment was already completed one year ago, further there appears to be no good ground to entertain this second bail application. 4 7. Accordingly, the second bail application of the applicant- Ashok Mandal, involved in Crime No. 15/2025 registered at Police Station Out Post Chikhali, Police Station Kotwali District Rajnandgaon (C.G.) for the offence punishable under Sections 296, 109(1) of BNS and Sections 25, 27 of Arms Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office 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