1 2025:CGHC:38429 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6054 of 2025 Soumu Kaiwart S/o Shri Motilal Kaiwart Aged About 24 Years R/o Mela Chowk, Malhar Outpost Malhar, P.S. Masturi, District Bilaspur C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Masturi (Police Outpost Malhar), Bilaspur, District Bilaspur C.G. ... Respondent(s) For Applicant(s) : Mr. Bharat Lal Sahu, Advocate. For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.08.2025 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. 282/2024 registered at Police Station Masturi (Police Outpost Malhar), Bilaspur, District Bilaspur (C.G.) for the offence punishable under Section 307/34 of the Indian Penal Code (IPC). 2. Case of the prosecution, in brief, is that the complainant, Ravi AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Kowart, was allegedly attacked with a knife by the accused, Samu Kaivart, and co-accused Umesh Kaivart alias Bundru and Prashant Kaivart, with the intention of causing his death, on June 17, 2024, over an old transaction. The attack resulted in serious injuries to the complainant's neck, right arm, and chest. An FIR, Crime No. 282/2024, was registered at Msturi Police Station in connection with the incident and subsequently, the applicant was arrested. 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 17.01.2025, therefore this second bail application is filed on the ground that the injured and three of the independent witnesses 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 18.09.2024, 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 applicant alongwith other co- accused persons allegedly attacked the complainant with a knife with the intention of causing death, over an old transaction, the attack resulted in serious injuries to the complainant's neck, right arm, and chest, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the above submissions made by the learned counsel for the parties, as the injured and three of the independent witnesses have turned hostile, the same 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 17.01.2025 in MCRC No. 9049 of 2024 on the ground that the applicant, along with other co-accused persons, allegedly attacked the complainant with a knife, with the intention of causing death, in relation to an old transaction. The attack resulted in serious injuries to the complainant's neck, right arm, and chest, it further appears from the case diary and the medical report that prima facie the allegations against the applicant are serious in nature. The complainant sustained grievous injuries on vital parts of the body, and the role attributed to the applicant is not minor or peripheral. The attack appears to have been made with the intention to cause death, and the injuries suffered by the complainant support this assertion, there appear to be no good grounds to exercise discretion in favor of the applicant. 8. Considering the gravity of the offence, the severity of the injuries inflicted, and the conduct of the accused / applicant, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 9. Accordingly, the second bail application of the applicant- Soumu 4 Kaiwart, involved in Crime No. 282/2024 registered at Police Station Masturi (Police Outpost Malhar), Bilaspur, District Bilaspur (C.G.) for the offence punishable under Section 307/34 of the Indian Penal Code, is rejected at this stage. 10.Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 11. 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