1 2025:CGHC:18480 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3103 of 2025 1 - Aakash Nandanwar S/o Anand Nandanwar, Aged About 33 Years (wrongly mentioned as 31 years in the impugned order sheet), R/o Sikolabhatha, Ward No. 14, Near Pawan Kirana, P.S. Mohan Nagar, District Durg Chhattisgarh. ... Applicant versus 1 - State of Chhattisgarh Through The Station House Officer, P.S. Bhilai Nagar, Durg, District Durg Chhattisgarh. ... Non-applicant/Respondent For Applicant : Mr. Prasson Agrawal, Advocate. For State/Non-applicant : Ms. Pragya Shrivastava, Deputy Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 23-04-2025 1. This is the second bail application filed before this Court by the applicant under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested on 25-02-2024 in connection with Crime No.109/2024, registered at Police Station Bhilai Nagar, Durg, District Durg, Chhattisgarh for the offence under Section 302 of the IPC. 2. The first bail application of the applicant has been dismissed as withdrawn vide order dated 13-12-2024 in MCRC No.8303/2024 with liberty to repeat the same after examination of the material witnesses. 3. Learned counsel for the applicant would submit that after 13-12-2024 when the first bail application of the present applicant was dismissed as withdrawn four other witnesses PW-7, PW-8, PW-9 and PW-10 have been examined, Digitally signed by MOHAMMAD AADIL KHAN 2 but none of the witnesses have supported the prosecution case and the applicant is in jail since 25-02-2024 and therefore, he has filed the second bail application. 4. Learned counsel for the State opposes the submissions made by learned counsel for the applicant and would submit that the mobile phone of the deceased has been seized from the applicant. There is another important witness Altaf who is witness of last seen together who had seen the applicant and the deceased in previous night and in the very next morning dead body of the deceased was found and Altaf has not been examined till date, therefore, still the material witnesses are yet to be examined and the applicant is not entitled for bail. 5. I have heard learned counsel for the parties and perused the material produced in the bail application. 6. Considering the submissions made by learned counsel for the parties, considering the fact that the first bail application has been dismissed as withdrawn on 13-12-2024 with liberty to repeat the same after examination of the material witnesses, but some of the witnesses are yet to be examined including Altaf and further that out of total 21 witnesses total 10 witnesses have been examined and the trial of the case is at advanced stage, I am not inclined to release the applicant on bail and to admit his second bail application. Accordingly, the present second bail application filed by the applicant is dismissed. Sd/- (Ravindra Kumar Agrawal) Judge Aadil