1 2025:CGHC:33776 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5439 of 2025 Likhendra Sahu S/o Tulsi Ram Sahu Aged About 39 Years R/o Loharidih, Police Station And Tahsil- Rengakhar Kala District- Kabirdham (C.G.) ...Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Rengakhar Distt. - Kabirdham (C.G.) ... Respondent For Applicant : Mr. Hemant Kesharwani, Advocate For Respondent/State : Mr. Praveen Das, Dy. AG. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 17.07.2025 1. The applicant has preferred this Third bail application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No. 65 of 2024, registered at PS -Rengakhar, District Kabirdham (C.G.) for the offence punishable under Section 103(1), 103(2), 238(a), 191(2), 191(3), 189(4)(5), 332(a). 324(6), 287, 2103(3), 326(g), 61(2)(a), 115(2) of BNS, 2023. Earlier bail 2 application of the present applicant was dismissed on merits vide order dated 08.04.2025 by this court in MCRC No.2750 of 2025. 2. Brief facts of this case are that, Vinod Kumar Sahu lodged the FIR alleging that one Shiv Prasad Sahu who committed suicide, it was alleged by applicant side that the complainants have murdered Shiv Kumar and hang the body at MP State, over the above allegation on 15.09.2024 at about 40-50 persons forcefully entered the house of the complainant, set the motorcycle on fire, it was alleged that the present applicant was also there. On the basis of said complaint the matter was registered before the concerned police station and thereafter, investigation initiated. After completion of the entire investigation, charge-sheet was filed against the accused persons. The present applicant has been arrested on 16.09.2024. 3. Learned counsel for the applicant contended that applicant has been falsely implicated in the instant case as at the time of incident he was not present on the spot and in order to prove the same, he has filed a photograph as Annexure A/4. Only on the basis of memorandum of co-accused, applicant has made accused in this case. The only thing seized from the possession of the present applicant was 40 kg of paddy. Similar nature of offence has been registered against the co- accused who have been granted bail by this Court. The applicant is in jail since 16.09.2024, conclusion of trial may take time, hence, he be enlarged on bail. 3 4. Per contra, learned counsel for the State opposes the bail application and would submit that there are specific/direct evidence against the present applicant, hence, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties, perused the case and other materials available on record. 6. Taking into consideration the facts and circumstances of the case, submissions of counsel for the parties, nature of offence, particularly the fact that there are specific evidence/material available which shows that the present applicant has played active role in crime in question, further considering that earlier bail application of the applicant was dismissed on merits and there is no change in circumstances, I am not inclined to allow this bail application and released the applicant on bail. 7. Accordingly, the present MCRC stands rejected. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge J.