1 2025:CGHC:32286 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5415 of 2025 Karim Khan S/o Wasim Khan Aged About 53 Years R/o Durga Nagar, Birgaon P.S. Urla, District - (Revenue And Civil)- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Urla District - Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Yogesh Pandey, Advocate. For Respondent(s) : Dr. Sourabh K. Pande, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.07.2025 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. 531/2022 registered at Police Station Urla District - Raipur (C.G.) for the offence punishable under Sections 302, 120-B, 201/34 of IPC and Sections 25 and 27 of Arms Act. 2. The case of the prosecution, in brief, is that the on 02.10.2022, the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 informant, Mohammad Anwar Ahmad, reported that Wahajuddin alias Babu Khan had not returned home since 25.09.2022, around 8:00 P.M. A missing person report (Gum No. 135/2022) was registered at Urla Police Station, and an investigation was initiated. During the investigation, suspects Firoz Khan and Vishwanath were interrogated on 28.10.2022, and they confessed to planning and executing Wahajuddin's murder due to an alleged illicit relationship with Karim Khan's daughter. The accused, including Firoz Khan, Vishwanath, and others, allegedly attacked Wahajuddin with knives and buried his body near the railway tracks. The case was registered under Sections 302, 120B, 201/34 IPC, and 25, 27 Arms Act, and after a thorough investigation, a charge sheet was filed before the subordinate court. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 16.07.2024, therefore this second bail application is filed on the ground that twice the CRMP has been filed for extension of time and time has been granted, despite that the trial has not yet been concluded, out of 65 witnesses, the statement of only 27 witnesses have been recorded, further the conclusion of trial is likely to take some time and the applicant is in jail since 29.10.2022, hence, he prays for releasing the applicant on regular bail. 4. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant/accused, Karim Khan, is 3 alleged to have conspired with co-accused and a juvenile to murder the deceased on 25.09.2022. The prosecution alleges that the accused planned and executed the murder using sharp-edged knives and subsequently concealed the body. The evidence, including memorandum statements and seizure memos, indicates the recovery of the knives used in the crime, further the applicant has 23 criminal antecedents against him, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the materials available, 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 29.10.2022 in MCRC No. 5415 of 2025 on the ground that the applicant/accused, Karim Khan, is alleged to have conspired with co-accused and a juvenile to murder the deceased on 25.09.2022, further the applicant alongwith other co-accused persons planned and executed the murder using sharp-edged knives by causing 32 stab injuries, brutally murdered the deceased and subsequently concealed the body and tried to screen the evidence. 7. Considering the allegations relate to a premeditated murder, committed in pursuance of a conspiracy, the recovery of the weapons, allegedly used in the offence, pursuant to the memorandum statements of the accused, lends substantial credence to the prosecution story, the statements of witnesses, 4 the presence of documentary evidence, and the nature of the conspiracy involving multiple accused including a juvenile, are all material facts pointing toward the prima facie involvement of the applicant, so far as criminal antecedents of the applicant are concerned, applicant has 23 criminal antecedents, which goes to show that he is a habitual offender and has misused the liberty of bail, further there appears to be no good ground raised in the second bail application for releasing the applicant on bail. 8. Accordingly, the second bail application of the applicant- Karim Khan, involved in Crime No. 531/2022 registered at Police Station Urla District - Raipur (C.G.) for the offence punishable under Sections 302, 120-B, 201/34 of IPC and Sections 25 and 27 of Arms Act, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil