1 2025:CGHC:23412 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3997 of 2025 Abhay Singh S/o Manishankar Singh Aged About 23 Years R/o Village- Limha, P.S.- Takhatpur, District- Bilaspur (C.G.), Presently R/o L.I.G. 272, P.S.- Civil Line, District- Bilaspur (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer (S.H.O) P.S.- Sakri, Dist.- Bilaspur (C.G) ... Respondent For Applicant : Shri Devershi Thakur, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/06/2025 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.867/2024 registered at Police Station, Sakri, Dist: Bilaspur (C.G) for GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.16 17:47:02 +0530 2 the offence punishable under Sections 296, 115(2), 351(2),109(1), 3(5) of B.N.S. 2. Case of the prosecution, in brief, is that on 07.11.2024, the Complainant/Ashu Singh lodged an FIR No. 867/2024 at, P.S Sakri, Bilaspur stating that in his house on the roadside at Ramghat Lokhandi, which he rented to one Gurvinder Singh, electrical work was going on for the inspection of which the Complainant at around 10:30 PM visited the location where he allegedly found applicant/Abhay Singh and Shubham Thakur drinking and smoking in front of a shop located nearby. Allegedly Abhay & Shubham tried to enter the house where Gurvinder Singh's wife, who was alone inside & had stopped them. Concurrently brother-in-law of the Complainant/Ravi Pal arrived, and a fight broke out between him and the accused persons allegedly resulting to injuries inflicted on the complainant and Ravi Pal. 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 11/03/2025 in MCRC No.1855/2025. He would submit that out of 11 prosecution witnesses, 5 prosecution witnesses have been examined and complainant and the injured have failed to identify the applicant, he is in jail since 4/01/2025 and trial is likely to take some time for its conclusion, therefore, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application. 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 3 application of the applicant and the first bail application of the applicant was rejected on merits by this Court on 11/03/2025 in MCRC No.1855/2025. Ground which has been raised in this second bail application is that the complainant and the injured have failed to identify the applicant which cannot be a ground to entertain this second bail application as the injured has suffered injuries by knife at the hands of the applicant. 7. Accordingly, the second bail application of the applicant- Abhay Singh, involved in Crime No.867/2024 registered at Police Station, Sakri, Dist: Bilaspur (C.G) for the offence punishable under Sections 296, 115(2), 351(2),109(1), 3(5) of B.N.S. 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 Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri