Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:23379
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4375 of 2025 1 - Saajan Khan @ Aftab Khan S/o Ramjan Khan Aged About 22 Years R/o Jogi Nagar, Behind Tarun Bazar, Near Anganbadi, P.S.- Tikrapara, Raipur, District- Raipur (C.G.)
... Applicant. versus 1 - State Of Chhattisgarh Through Station House Officer, Thana Tikrapara, District- Raipur (C.G.)
... Respondent(s) For Applicant : Shri Mahesh Kumar Mishra, Advocate. For State : Ms. Anuradha Jain, PL.
Hon'ble Shri Justice Deepak Kumar Tiwari
Order On Board 12/06/2025
1. This is the Fourth Bail Application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short “BNSS, 2023”) for grant of regular bail to the applicant, who has been arrested in connection with Crime No.557/2022 registered at Police Station- Tikrapara Raipur, District Raipur (C.G.) for the offence punishable under Sections 294, 506, 307 & 323/34 of Indian Penal Code and Sections 25 & 27 of Arms Act. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.06.13 10:09:33 +0530
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2. The First Bail application of the applicant was rejected on merits vide order dated 10.07.2023 passed in MCRC No.1251 of 2023. The second Bail application of the applicant was rejected on merits vide order dated 12.08.2024 passed in MCRC No.5681 of 2024. Subsequent bail application of the applicant was dismissed as withdrawn with a direction to the trial Court to conclude the trial expeditiously vide order dated 24.02.2025 passed in MCRC No.1522 of 2025.
3. Prosecution case in brief is that present applicant along with other co-accused with an intent to kill the brother of complainant, assaulted him with iron rod and sharp edged weapon on his head, chest, back and on the face. Based on aforesaid allegations, aforesaid offence was registered against the applicant.
4.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question.
Learned counsel further submits that though this Court while earlier rejecting the bail application of the applicant vide order dated 24.02.2025 directed the trial Court to expedite the trial, however, the same has not been concluded. He also submits that applicant has no previous criminal antecedents. Considering the backdrop, applicant may be enlarged on bail.
5. Per contra, learned State counsel would oppose the bail application and would submit that First and Second bail application of the applicant have been rejected on merits and appreciation of evidence is not required at this juncture, trial is in progress. Hence no case is made out for grant of bail.
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6. Having considered the submission of learned counsel for the parties,
facts and circumstances of the case, in particular earlier bail applications of the applicant have been rejected on merits. Therefore, I am not inclined to grant bail.
7. Accordingly, this Bail Application is rejected. However, if the trial is not concluded within the next six months, applicant would be at liberty to revive bail application on the ground of delay in trial.
8. Applicant is directed to furnish certified copy of this order to the concerned trial Court within a period of 7 days and the trial Court, in turn, is directed to examine witnesses in de die in diem manner so as to conclude the trial expeditiously. Sd/-
(Deepak Kumar Tiwari) Judge Avinash