1 2025:CGHC:31363 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5197 of 2025 1 - Manijar Prasad S/o Ramnaresh Soni Aged About 58 Years R/o Village- Avantikapur (Jhari), P.S. Chandani District- Surajpur, Chhattisgarh. --- Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station - Chandani, District- Surajpur (C.G.) ... Respondent For Applicant : Mr. Leekesh Kumar on behalf of Mr. Rahil Arun Kochar, Advocate For Respondent-State : Mr. Triveni Shankar Patel, P.L. Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 08/07/2025 1. Applicant has filed this third bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 70/2023 registered at Police Station – Chandani, District Surajpur (C.G.) for offence punishable under Sections 147, 148, 149, 294, 506, 323, 324, 307, 302 of IPC. The first bail application of the applicant was dismissed as withdrawn vide order dated 19.12.2023 in M.Cr.C. No.8381/2023 and the second bail application was dismissed on merits vide order dated 24.07.2024 in M.Cr.C. No. 4798 of 2024. 2. Case of the prosecution is that, on 03.07.2023 at about 09:30 A.M., when the complainant party was doing agricultural activities, the Applicant No. 2 came there, objected the complainants not to do the agricultural activities over the fields. Thereafter, the Applicant No. 2 returned back to his house, again came there along with the Applicant No. 1, both of them assaulted the complainant BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.07.09 11:19:35 +0530 2 party due to which, Hari Prasad Soni died. Kalmi Soni, Adesh Kumar Soni, Rupani soni sufered injuries over their person. The incident was reported to the concerned police station, based upon which, aforementioned crime was registered and the applicants were arrested. 3. Learned counsel for applicant submits that this bail application is filed on the ground of delay in trial. There are as many as 38 witnesses, out of which, only 13 witnesses have been examined till date as per his information. Applicant is in jail since 04.09.2023 Hence, he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and would submit that from the order sheets of the trial Court, it is appearing that learned trial Court is taking all measures to cause presence of the prosecution witnesses and have also issued bailable warrants to some of the witnesses. He further submits that there is active participation of applicant in commission of aforementioned crime, therefore, second bail application was dismissed on merits considering the facts of the case. Applicant has not filed copies of the deposition sheet of witness examined. 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. Taking into consideration the submission of learned counsel for the respective parties, nature of allegations I do not find any good ground to allow this bail application. 7. Accordingly, the bail application is dismissed. However, considering that applicant is in jail since 04.09.2023, learned trial Court is directed to expedite the trial. Sd/- (Parth Prateem Sahu) JUDGE Balram