1 2025:CGHC:51154 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8162 of 2025 1 - Harsh Yadav @ Harshu S/o Chagan Lal Yadav Aged About 19 Years R/o Ward No. 12, Near Jitu Cycle Store, Vijay Nagar, P.S. Mohan Nagar, Tehsil And District Durg, Chhattisgarh 2 - Sohamdas Manikpuri S/o Shivdas Manikpuri @ Raju Aged About 19 Years R/o Ward No. 12, Vijay Nagar, Near Shakuntala School, Durg, P.S. Mohan Nagar, Tehsil And District Durg, Chhattisgarh ... Applicants Versus 1 - State Of Chhattisgarh Through Sho, Police Station Mohan Nagar, District Durg (C.G.) ... Non-applicant For Applicant : Mr. Shikhar Bakhtiyar, Advocate For Non-applicant : Ms. Ankita Shukla, Panel Lawyer S.B. : Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.01.2025 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 applicants who have been arrested in connection with Crime No. 563/2024 registered at Police Station – Mohan Nagar, District – Durg (C.G.) for the offence punishable under Sections 294, 109 (1), 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 25 & 27 of the Arms Act, 1959. 2. Case of the prosecution, in brief, is that ort 04.11.2024, at approximately SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 08:35 PM, the complainant, Nikhil Agarwal, after having dinner, went for a walk from Shankar Nagar, Durga Chowk towards Buddha Vihar. While he was near Buddha Vihar, two unidentified individuals, riding a dark blue- colored new Activa scooter, approached him and initiated an argument without any provocation and during the altercation, the accused persons allegedly hurled abusive and obscene insults at the complainant. When the complainant objected, one of the accused persons attacked him with a knife, causing injuries to his stomach, chest, left thigh, left hand, neck, and right shoulder. Simultaneously, the second accused assaulted him with a bamboo stick, inflicting further injuries. Following the attack, both accused individuals fled the scene on their scooter. Subsequently, the complainant lodged a report at Police Station Mohan Nagar, upon which an FIR was registered against unknown persons. During the course of investigation, the police identified and arrested the accused persons, completing the investigation and filing the charge sheet before the competent court. 3. Learned counsel for the applicants submits that the first bail application was rejected by this Court on merits vide order dated 15.04.2025, therefore, this second bail application is filed on the ground that out of 14 witnesses, the statement of only three witnesses have been recorded, further charge-sheet has already been filed in the present case. He submits that out of three witnesses, two witnesses have not supported the case of prosecution. The applicants are in jail since 05.11.2024 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicants on regular bail. 4. Learned counsel for the State/non-applicant opposes the bail application and submits that the charge-sheet has been filed. Further, from a perusal of the record, it is evident that in the memorandum of the applicants/accused, it is evident that he and the co-accused together assaulted the injured with a bamboo stick and knife and in the evidence of independent witnesses also, 3 the applicants/accused is shown to be involved in the incident. From a perusal of the record, the injuries sustained by the injured Nikhil Agarwal are of serious nature. The deposition of witness is subject matter of appreciation by the learned Trial Court Therefore, the applicants are not entitled to be released on 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 applicants and first bail application of the applicants were rejected by this Court vide order dated 15.04.2025 in MCRC No. 1814 of 2025 and MCRC No. 2095 of 2025 on the ground that the applicants caused injury to the injured by bamboo stick and knife which are serious in nature and, further there appears to be no new ground. 7. Accordingly, the second bail application of the applicants – Harsh Yadav @ Harshu and Sohamdas Manikpuri, involved in Crime No. 563/2024 registered at Police Station – Mohan Nagar, District – Durg (C.G.) for the offence punishable under Sections 294, 109 (1), 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 25 & 27 of the Arms Act, 1959, is rejected at this stage. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Dey