1 2025:CGHC:47509 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7445 of 2025 Sukdev Sahu S/o Hemlal Aged About 35 Years R/o Singhari, PS Baramkela, District- Sarangadh-Bilaigarh (C.G.) ... Applicant versus The State Of Chhattisgarh Through SHO, PS Manipur, Ambikapur, District- Sarguja (C.G.) ... Respondent For Applicant : Shri Praveen Soni, Advocate. For Respondent/State : Shri Sakib Ahmed, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/09/2025 1. This is the third 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.0149/2024 registered at Police Station Manipur, Ambikapur, District Sarguja CG for the offence punishable under Sections GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.17 16:52:10 +0530 2 120(B), 328, 420, 489-A, 489-C, 489-D, 489-E of IPC. 2. Case of the prosecution, in brief, is that on 02.05.2024 the complainant appeared before the SHO to PS Manipur, Ambikapur, District Sarguja CG and lodged FIR (after passing of more than 48-Hours (approximately after 54-Hours) from the Date and Time of Incident) under Section 328 of IPC against Possessor of Mobile-Number 9302313913 to the effect that, for the last several months, he have been in communication via my mobile number with an individual who claims to be from Nagpur, Maharashtra. On 29.04.2024, at approximately 15:00 Hrs., the said mobile number holder arrived at his residence with the stated purpose of visiting. On the following day, 30.04.2024, at approximately 16:30 Hrs., the same individual arrived at his residence accompanied by another person. At that time, he was alone at home, as his wife and children were out. He went inside to fetch water, and upon returning to where they were waiting, the aforesaid mobile number holder stated, "this is my associate, he has brought this Prasad (Religious-Offering) after seeking the Darshan (Auspicious-Sight) of the Nagpur Devi. The associate of the mobile number holder then retrieved the said Prasad from a bag and offered it to him. After having that Prasad his throat had become dry after consuming, he went inside to the kitchen to have some water. After having water, he began to feel dizzy, lost consciousness, and fell to the ground. After a short while when he regained consciousness, he find his wife and son standing beside him, 3 inquiring about what had happened. By that time, the two individuals had fled from his residence. It's his belief that the holder of mobile number 9302313913 and his associate, with the intention of committing a crime against me, had mixed some narcotic or poisonous substance into the prasad before administering it to him, which caused him to lose consciousness. Other Sections 120(B), 420, 489-A, 489-C, 489-D, 489-E of IPC were added separately during the course of investigation. 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 07/08/2024 in MCRC No.5572/2024, thereafter, the second bail application was preferred by the applicant, which was also rejected on merits vide order dated 07/05/2025 in MCRC No.3032/2025, therefore this third bail application is filed on the ground that out of nine prosecution witnesses, eight prosecution witnesses have turned hostile, charge sheet has been filed, applicant is in jail since 16th May, 2024 and trial is likely to take some time for it’s conclusion, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the third bail 4 application of the applicant, the first bail application of the applicant was rejected by this Court on merits vide order dated 07/08/2024 in MCRC No.5572/2024, thereafter, the second bail application was also rejected on merits vide order dated 07/05/2025 in MCRC No.3032/2025. Only ground which has been raised in this third bail application is that out of nine prosecution witnesses, eight prosecution witnesses have turned hostile. Considering the fact that trial is in progress, therefore this Court is not inclined to entertain this third bail application. 7. Accordingly, the third bail application of the applicant- Sukdev Sahu, involved in Crime No.0149/2024 registered at Police Station Manipur, Ambikapur, District Sarguja CG for the offence punishable under Sections 120(B), 328, 420, 489-A, 489-C, 489- D, 489-E of IPC, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. to the trial Court concerned for necessary information and Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri