1 2025:CGHC:28580 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4945 of 2025 Amit Yadav @ Pintu S/o Late Murali Yadav Aged About 39 Years R/o In Front Of Baba Balanka Temple, Khursipar Bhilai, Tahsil And Distict Durg Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Khursipar, District Durg Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Jitendra Gupta, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.06.2025 1. The applicant has preferred this second bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 151/2024, registered at Police Station Khursipar, District Durg (CG) for the offence punishable under Section 109 of BNS and Sections 25 & 27 of Arms Act. 2. The prosecution story in brief, is that on 21-07-2024, the complainant, Jyoti Dewar, lodged a complaint at Police Station Khursipar, stating that on the same day, at about 18:25 hours, the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 applicant assaulted her nephew with a sharp weapon, targeting his stomach. As a result, the complainant's nephew sustained grievous injuries. Based on the complaint, a crime was registered, and a charge-sheet has been filed before the concerned court. 3. Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 06.01.2025, therefore this second bail application is filed on the ground that the statement of three of the witnesses have been recorded and they have turned hostile before the learned trial Court, charge-sheet has already been filed in the present case and the applicant is in jail since 22.07.2024, hence, 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 charge-sheet has been filed in the present case. She further submits that applicant had assaulted complainant’s nephew with a sharp edged weapon, targeting his vital parts of the body, due to which, her nephew sustained grievous injuries and as per the opinion on doctor, the injuries were found to be dangerous to life, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the documents appended with it. 6. Considering the above submissions made by the learned counsel for the parties, as the witnesses have turned hostile, the same 3 cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 7. 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 by this Court vide order dated 06.01.2025 in MCRC No. 9139 of 2024 on the ground that applicant had assaulted complainant’s nephew with a sharp edged weapon, targeting his vital parts of the body, due to which, her nephew sustained grievous injuries and as per the opinion on doctor, the injuries were found to be dangerous to life, further there appears to be no good ground to entertain the bail application. As such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the second bail application of the applicant-Amit Yadav @ Pintu, involved in Crime No. 151/2024, registered at Police Station Khursipar, District Durg (CG) for the offence punishable under Section 109 of BNS and Sections 25 & 27 of Arms Act, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil