1 2025:CGHC:51469 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7338 of 2025 Kamal Kshatriya S/o Prakash Kshatriya Aged About 25 Years R/o B.S.U.P. Colony, Block No. 16/12 Police Station Khamardih District- Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through The Station House Officer Police Station Khamardih District- Raipur (C.G.) ... Respondent For Applicant : Mr. Anshul Singhania, Advocate. For Non-Applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.10.2025 1. The applicant has preferred this Second Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No. 23/2025, registered at Police Station : Khamardih District – Raipur (C.G) for the offence punishable under Sections 296, 115(2), 351(2), 118(2) of BNS, 2023. 2. The earlier bail application of the applicant has been rejected on merits by this Hon’ble Court vide order dated 27.03.2025 passed in VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.16 12:22:39 +0530 2 MCRC No. 1246 of 2025. 3. The prosecution story in brief, is that the complainant, Sukanti Deep, resides with her family at Kachna B.S. U.P. Colony, House No. 16/06, Police Station- Khamhardih, District- Raipur. The accused also lives in the same area. On 31/12/2024, around midnight, when New Year's celebrations were underway in the neighborhood, the applicant was on her way to a store. She encountered the accused, who was intoxicated, and he began verbally abusing her and picking a fight. The applicant managed to escape and returned home after purchasing items from the store. However, the accused followed her and threatened to kill her outside her residence. He then struck her left ear with a sharp object, causing injury. Thereafter, dated 17/1/2025 the First information Report (F.I.R.) bearing crime No. 23/2025 was registered against the applicant by the Police officer of the Police station- Khamardih, District- Raipur (C.G.) and he was arrested on 24/01/2025 for the offence punishable U/s 296, 115(2), 351(2), 118(2) of BNS, 2023 and since then he is in jail. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated. He further submits that the applicant was not present at the spot and has been unnecessarily dragged into the matter. No First Information Report has been lodged against him, and he was arrested only during the course of investigation. No seizure has been made from his possession, and his implication appears to be due to personal enmity and mala fide intention. During the seizure proceedings, the mandatory provisions under Sections 105 and 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023 have not been 3 complied with, rendering the action of the prosecution illegal, arbitrary, and unconstitutional. The evidence on record does not establish any prima facie case against the applicant, and there is no independent witness to support the prosecution version as the police have relied only upon their own pocket witnesses. The applicant has been in custody since 24.01.2025, therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed in the present case before the competent Court. He further submits that the applicant had assaulted the injured/complainant with a sharp-edged weapon on the back of her ear, causing grievous injuries. As per the medical report, the injured had to undergo surgery for skin grafting of her partially amputated ear, therefore, the applicant is not entitled to the grant of regular bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the material available in the case diary, and also taking into account the grievous nature of the injuries sustained by the complainant/injured on the back of her ear and as per the medical report, the complainant/injured had to undergo surgery for skin grafting of her partially amputated ear, and noting that no new ground has been raised further, keeping in view the seriousness of the allegations against the applicant, this Court is of the considered opinion that the second bail application of the applicant is liable to be 4 rejected. 8. 8. Accordingly, the second bail application of the applicant, Kamal Kshatriya, involved in Crime No. 23/2025, registered at Police Station: Khamardih District – Raipur (C.G) for the offence punishable under Sections 296, 115(2), 351(2), 118(2) of BNS, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav