Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:46923
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7290 of 2025 Shobha Ram Patel S/o Lt. Samaru Ram Patel Aged About 38 Years R/o Village Lofandi, Police Station Koni, District : Bilaspur, Chhattisgarh
... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Koni, District : Bilaspur, Chhattisgarh
... Respondent(s) For Applicant(s) : Mr. Sumit Singh Rathore, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.09.2025
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. 525/2023 registered at Police Station Koni, District : Bilaspur (C.G.) for the offence punishable under Sections 294, 323, 506 and 307 of Indian Penal Code (for short ‘IPC’). 2. Case of the prosecution, in brief, is that at the relevant time of incident i.e. on 25.10.2023 around 8:00 PM the applicant was AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 having certain quarrel with injured, namely, Parmeshwar Patel and Santosh Patel and at that time wife of Parmeshwar Patel raised alarm hearing which the brother of the applicant, namely, Omprakash Kewat reached at the spot and tried to sort out the differences between the parties. Later on around 09:00 PM the said person Omprakash Kewat went to the Beetal Shop near Shiv Chowk and he was followed by the present applicant. The present applicant used certain filthy languages with the injured and started assaulting him looking to which the complainant approached to the place of incident and the applicant made certain injuries in the spleen of the injured and the complainant also sustained certain injuries in his body by sharp edged weapon possessed by applicant. The said incident was reported to the police by the complainant on which the FIR was registered and the investigation was done. The applicant was arrested during the course of investigation by the police. Hence, this bail application. 3.
Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 03.09.2024, therefore this second bail application is filed on the ground that while rejecting the first bail application of the applicant, this Court directed the trial Court to concluded the trial expeditiously within a period fo six months, but the same has not yet been concluded till date. He further submits that the trial is on the verge of its conclusion as the statements of all the 12 witnesses have already been recorded, further the applicant is in jail since
3 26.10.2023 and the conclusion of trial is taking time, therefore, 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 charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant has assaulted the injured persons by sharp edged weapon on account of which one of the injured person, namely, Omprakash Kewat sustained grievous injury i.e. two lacerated wound on the part of intestine herniate out from left lower quadrant of abdomen, which is also opined by the doctor that the said injury is grievous in nature, therefore the applicant 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 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 03.09.2024 in MCRC No. 6111 of 2024 on the ground that the applicant assaulted the injured persons by sharp edged weapon on account of which one of the injured person, namely, Omprakash Kewat sustained grievous injury i.e. two lacerated wound on part of intestine herniate out from left lower quadrant of abdomen, which is also opined by doctor that the injury sustained by the injured Omprakash Kewat is grievous in nature, so far as status of trial is concerned, the trial is on the verge of its conclusion as the statements of all the 12 witnesses have already been recorded, further there appears to be no new ground
4 to entertain the present bail application. 7. Accordingly, the second bail application of the applicant- Shobha Ram Patel, involved in Crime No. 525/2023 registered at Police Station Koni, District : Bilaspur (C.G.) for the offence punishable under Sections 294, 323, 506 and 307 of IPC, is rejected at this stage. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of one months from the date of receipt of this order in accordance with law, if already not concluded. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/-
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE Akhil