1 2025:CGHC:52614 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8418 of 2025 Sohan Bariha S/o Shri Kumbhkaran Bariha Aged About 19 Years R/o Village Patharipali, P.S. Sarangarh, Chauki- Kanakbira, Tah- Sarangarh, Distt. Sarangarh- Bilaigarh C.G. ... Applicant versus State Of Chhattisgarh Through Chauki- Kanakbira, Police Station- Sarangarh, Distt. Sarangarh- Bilaigarh C.G. ... Respondent For Applicant : Mr. Manoj Kumar Sinha, Advocate For Respondent : Mr. Neeraj Sharma, Deputy Advocate General Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 28/10/2025 1. Applicant has filed this second bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS”) for grant of regular bail as he has been arrested in connection with Crime No.652 of 2023 registered at Chauki Kanakbira Police Station-Sarangarh, District- Sarangarh - Bilaigarh (CG) for offence punishable under Sections 302, 147, 148, 149, 323/34 of the Indian Penal Code. First bail application of the present 2 applicant was dismissed as withdrawn vide order dated 24.04.2024 in MCRC No. 2433 of 2024. 2. Case of the prosecution, in brief, is that on 03.12.2023 in night at about 9:30 PM, five boys were taking their dinner in New Sahu Dhaba including the present applicant. When they started quarreling Sunder Sai Bariha, Tirik Lal, Nirakar Patel and the owner of the Dhaba Ram Kumar made an attempt to resolve their dispute. However those five boys started assaulting Sunder Sai Bariha and when Tirik Lal came to intervene, he was also assaulted. One Ved Prakash was also assaulted by those five boys and this time also Tirik Lal and Sunder Sai Bariha tried to intervene in their fight, upon which Tirik Lal was assaulted, due to the assault and smash on road he became unconscious and thereafter, succumbed to injuries suffered by him on his head. The incident was reported to the concerned police station, upon which, aforementioned crime was registered and the applicant was arrested on 04.12.2023. 3. Learned counsel for applicant would submit that applicant is innocent and he has been falsely implicated in the present case. He further submits that there is no specific allegation against the applicant of assaulting by means of any arm or club. But there is some general allegation against all boys of assaulting by means of hand and fist. He further contended that applicant is in jail since 04.12.2023 and therefore he may be enlarged on bail. Lastly he contended that prosecution witness are not turning up for recording of their evidence and in support of his contention he filed relevant order sheet of the criminal case after 11.08.2025. Eye witness Sunder Sai has not supported case of prosecution. 4. Learned counsel for State would submit that the submission made by counsel for applicant that the summon sent to prosecution witnesses are not returned either served or unserved is not correct. As per his information the summons sent to the prosecution witness were served however, it was not properly kept in record by Court Mohrir. He also pointed out that after getting such information by the Superintendent of Police he directed an inquiry against the concerned Court Mohrir. On merits he submits that there are six eye witnesses of said incident and according to documents enclosed along 3 with this bail application only one eye witness Sunder Sai is said to have been examined by trial Court. Ved Prakash is injured eye witness and the eye witnesses have clearly stated that in the act of assault Tirik Lal was assaulted by the present applicant also. 5.I have heard learned counsel for the parties and also perused the documents placed along with this bail application. 6.Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the respective parties and further that five eye witnesses of the present case have mentioned the involvement of applicant in the present crime, out of which only one has been examined and rest five are yet to be examined by the trial Court, I do not find present to be a fit case to allow the application, accordingly, application is dismissed. 7. Considering period of detention of the applicant, learned trial Court is directed to expedite the trial and to take all necessary steps and measures for causing presence of prosecution witnesses as provided under BNSS, 2023. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge Alfiza ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.10.30 10:38:14 +0530