1 2025:CGHC:26522 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4739 of 2025 1 - Hanuman Singh Pav S/o Govind Singh Pav Aged About 44 Years R/o Ghaghra, P.S. Kelhari, District Koriya, Chhattisgarh. ... Applicant versus 1 - State of Chhattisgarh Through S.H.O. Police Station Kelhari, District Koriya, Chhattisgarh. ... Respondent For Applicant : Mr. Shikhar Bakhtiyar, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.06.2025 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. 04/2017 registered at Police Station Kelhari, District Koriya (C.G.) for the offence punishable under Section 294, 506, 307, 326 of IPC. 2. The applicant had preferred a first bail applicant bearing MCRC No. 69 of 2018 which was allowed thereafter the trial Court has VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.24 10:28:04 +0530 2 proceeded and due to no appearance of the applicant, arrest warrant was issued then he was arrested and after that he preferred Second bail application for granting regular bail. 3. Facts of the case are that the complainant has lodged report against the present applicant alleging the offences u/s 294, 506, 307, 326 of IPC and the FIR was registered subsequent to which the applicant has moved a bail application before the Hon'ble High Court and the same was allowed and subsequently the charges were framed and trial proceeded but during the trial the applicant was unable to appear before the Ld. Trail court due to the ill health of the applicant and the Ld. Trial court has issued an arrest warrant against the applicant and thus the applicant has been arrested. 4. Learned counsel for the applicant submits that applicant had preferred a first bail applicant bearing MCRC No. 69 of 2018 which was allowed thereafter the trial Court has proceeded and due to no appearance of the applicant, arrest warrant was issued then he was arrested. He also submits that the applicant has not appeared before the trial Court due to bonafied mistake and mis-communication with the learned Advocate appearing before the learned trial Court. He also submits that applicant and the mother of the applicant and at present both of them reside in the same house and the applicant is taking care of her and applicant be remained in jail, there is no one to take case of the complainant. The applicant is in jail since 10.04.2025 and the conclusion of trial is likely to take some time, therefore, he 3 prays for releasing the applicant on regular bail. 5. On the other hand, learned State counsel opposes the bail application and submits that earlier bail has been granted to the applicant but due to none appearance of the applicant before the trial Court, arrest warrant has been issued against the applicant, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail of the applicant bearing MCRC No. 69 of 2018, which was allowed by this Court, thereafter, the trial Court has proceeded and due to non- appearance of the applicant, arrest warrant was issued then applicant was arrested, looking to the misconduct of the applicant, this Court is of the opinion that it is not a fit case to enlarge the applicant of bail. 8. Accordingly, the second bail application of the applicant- Hanuman Singh Pav, involved in Crime No. 04/2017 registered at Police Station Kelhari, District Koriya (C.G.) for the offence punishable under Section 294, 506, 307, 326 of IPC, is rejected at this stage. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) vaishali CHIEF JUSTICE