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2025 DAILYLAW 33994 (CHH)

RAMKHELAWAN YADAV v. STATE OF CHHATTISGARH

MCRC/5730/2025 · 2025-07-22

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Judgment text

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1 2025:CGHC:35474 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5730 of 2025 Ramkhelawan Yadav S/o Late Samaylal Yadav Aged About 30 Years R/o Village Dumariya Police Station Bhatgaon Tehsil Bhaiyathan, District-Surajpur Chhattisgarh ... Applicant versus State of Chhattisgarh Through - Police Station Bhatgaon, District - Surajpur Chhattisgarh ... Non-Applicant For Applicant : Mr. Yashesh Ahuja, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer.s Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.07.2025 1. This is the third bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 83/2024 registered at Police Station Bhatgaon, District Surajpur (C.G.) for the offence punishable under Section 307 of the Indian Penal Code. 2. Earlier two bail applications of the applicant was dismissed on merits by this Court vide order dated 16.10.2024 and 08.04.2025 passed in MCRC PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.24 11:47:20 +0530 2 Nos. 6551/2024 and 2756/2025. 3. Case of the prosecution, in brief, is that on 10.06.2024, the mother of the injured went to the shop situated nearby, and when she was talking to other villagers, at that time, the applicant came there used filth languages and threatened her, her son, namely, Sanjay Yadav, came there and prevented the applicant from using filthy languages, on account of which the applicant assaulted Sanjay Yadav with knife, therefore, the aforesaid offence was registered against the present applicant and subsequently, he was arrested. Hence, this bail application. 4. Learned counsel for the applicant submits that the earlier two bail application was rejected on merits, therefore this third bail application is filed on the ground that the applicant is in jail since 20.06.2024 and his prolonged incarceration would adversely affect his life, so far as status of trial is concerned, out of 14 prosecution witnesses, statement of 8 witnesses have been recorded till date, further the charge-sheet has already been filed, hence, he prays for releasing the applicant on regular bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that the applicant is alleged to have caused injuries to the injured on lumber region with knife, due to which, injured sustained grievous injuries on his person. Hence, this bail application is liable to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the above submissions made by the learned counsel for the parties and the fact that this is the third bail application of the applicant and earlier two bail applications of the applicant was rejected by this Court vide order dated 16.10.2024 and 08.04.2025 passed in MCRC Nos. 6551/2024 and 2756/2025 on the ground that the applicant caused 3 injuries to the injured on his lumber region with knife, which were found to be grievous in nature, so far as status of trial is concerned, out of 14 prosecution witnesses, statement of 8 witnesses have been recorded, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 8. Accordingly, the third bail application of the applicant- Ramkhelawan Yadav filed under Section 483 of BNSS, involved in Crime No. 83/2024 registered at Police Station Bhatgaon, District Surajpur (C.G.) for the offence punishable under Section 307 of the Indian Penal Code , 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. The office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti