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2025 DAILYLAW 22104 (CHH)

SAHUKAAR KHAN v. STATE OF CHHATTISGARH

MCRC/3754/2025 · 2025-06-09

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Judgment text

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1 2025:CGHC:22880 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3754 of 2025 Sahukaar Khan S/o Ghantoli Aged About 40 Years R/o Kotakhurd, Police Station Ramgarh, District Alwar, Rajasthan. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Civil Lines District Raipur, Chhattisgarh. ... Respondent For applicant : Shri Anadi Sharma, Advocate. For Respondent/State : Shri Jitendra Shrivastava, GA. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/06/2025 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. 55/2024 registered at Police Station, Thana Civil line, Raipur GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.11 17:16:35 +0530 2 (C.G.) for the offence punishable under Sections 465, 468, 469, 471 and 201 of the Indian Penal Code, 1860 along with Section 66C of the Information Technology Act, 2000. 2. Case of the prosecution, in brief, is that Manoj Kumar Sahu filed a written complaint with the concerned Police Station on 08.03.2024 stating that an anonymous person created a Facebook account in the name of the Chief Minister of Chhattisgarh, which could be misused. Following this complaint an FIR (crime number 55/24) was registered against an unknown offender. During the investigation, experts discovered that the questionable ID was created using the mobile number mentioned in the charge sheet. Consequently, the applicant was arrested. 3. Learned counsel for the applicant submits that this is the second bail application of the applicant and the first bail application of the applicant was rejected by this Court on 26/09/2024. The new ground which has been argued is that out of 13 witnesses two seizure witness and complainant has turned hostile and the applicant is in jail since 8/08/2024, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the first bail application was rejected on merits against which the applicant preferred SLP which was dismissed and the trial is in progress. 5. I have heard learned counsel for the parties and perused the case 3 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 on merits by this Court vide order dated 26/09/2024 in MCRC No.6688/2024. Considering the fact that first bail application was rejected on merits against which the applicant preferred SLP which was also dismissed and the trial is in progress and simply because seizure witness completely turned hostile cannot be a ground to grant bail to the applicant as it amounts to tampering the evidence. 7. Accordingly, the second bail application of the applicant- Sahukaar Khan, involved in Crime No. 55/2024 registered at Police Station, Thana Civil line, Raipur (C.G.) for the offence punishable under Sections 465, 468, 469, 471 and 201 of the Indian Penal Code, 1860 along with Section 66C of the Information Technology Act, 2000, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. the trial Court concerned for necessary information and co thaSd/-he tr (Ramesh Sinha) CHIEF JUSTICE gouri