2025:CGHC:21007 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3515 of 2025 Karandeep Singh S/o Shri Kuldeep Singh Aged About 22 Years R/o Agrasen Ward, Behind Maipal Lodge, Ambikapur, Police Station Kotwali, District Surguja Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Ambikapur, District Surguja Chhattisgarh ... Respondent For Applicant : Mr. V.K. Pandey, Advocate For Respondent/State :Mr. Jitendra Shrivastava, Govt. Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 07.05.2025 1. The applicant has preferred this Second Bail Application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No. 719/2024, registered at Police Station- Ambikapur, District Surguja, (C.G.) for the offence punishable under Section 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023. The first bail application was rejected on merits by this court vide order dated 04.02.2025(Annexure A/01). 2. The prosecution story in brief, is that, on 16.10.2024 at about 9:30 AM, the dead body of the deceased namely Hari Lakda was found in a shrub of Nepal Lodge Gali which was seen by complainant Chanchal Singh and thereafter merg was recorded against unknown persona and during the merg enquiry on the basis of the statement made by complainant Chanchal Singh the FIR has been lodged against the present applicant in the offence punishable under Section 103(1) and 238 of the BNSS, 2023 have been registered against him. 3. Learned counsel for the applicant contended that, the applicant is innocent and he has been falsely implicated in the alleged crime, he has not committed any offence as alleged against him. He also contended that there are lot of material contradictions and substantial change in the facts and circumstances of the case as the sole witness of the case Chanchal Singh has been turned hostile similarly memorandum and seizure witness namely Durgesh and Mohammad has also turned hostile. There are total 25 witnesses out of which 05 have been examined till date and the trial will take long time to conclued, hence the present applicant be enlarged on bail in the interest of justice. 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. He stated that the first bail application of the present applicant was rejected on merits. There is a cctv footage which shows the presence of applicant in the crime in question. FSL report is also positive and there are many injuries found on the body of deceased. 5. I have heard learned counsel for the parties, perused the case and other materials available on record. 6. Taking into consideration the facts and circumstances of the case and further considering the nature of offence, and specially to the fact that there is no substantial change in the facts and circumstances of the case. The FSL report is positive, the blood stain has been found. Though the sole witness has turned hostile, looking to the peculiar facts and circumstances of the case, this court is of the considered opinion that this case is not a fit case to allow the bail application of the applicant. 7. Accordingly, the instant miscellaneous criminal appeal stands dismissed. 8. However, learned trial court is directed to expedite the trial as soon as possible, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. sd/- (Arvind Kumar Verma) Judge alfiza