1 2025:CGHC:49532 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7830 of 2025 Prahlad Shrivas S/o Dular Sai Shrivas Aged About 19 Years R/o Village- Hasaud, Tahsil And Police Station - Hasaud, District- Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Hasaud, District- Sakti Chhattisgarh. ---- Respondent For Applicant : Mr. Dharmesh Srivastava, Advocate For Respondent/State : Ms. Upasana Mehta, Dy. GA Hon'ble Shri Justice Arvind Kumar Verma Order on Board 06/10/2025 1. The applicant has preferred this second bail application under Section 483 of the BNSS, 2023 for grant of regular bail as he is arrested in connection with Crime No.147/2024, registered at Police Station- Hasaud, District Sakti (C.G.) for the offence punishable under Sections 103(1), 332(2), 309(4), 61(2)(a), 317(5), 238(a), 3(5) of the BNS. 2 2. First bail application was dismissed on merits vide order dated 04.03.2025 passed in MCRC No.1755 of 2025. 3. Case of prosecution, in brief, is that a merg intimation was lodged by informant Hiralal Madhukar in Police Station – Hasaud, District - Sakti regarding murder of his Bua (Mangli Bai Mittal) alleging that his aunt was residing in her house alone who has been murdered by unknown person. Based upon report, FIR was registered and applicant has been arrested in aforementioned crime. 4. Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that there is a substantial change in the circumstances there are five witnesses have been examined by the prosecution and all the said witnesses are turned hostile and the case of prosecution is based upon the circumstantial evidence and also the name of the present applicant is not mentioned in the FIR. He further contended that the other criminal case which has been registered against the applicant in Sessions Trial No.25/2023 in which the present applicant has been acquitted by the learned Sessions Judge, Sakti, District Janjgir Champa vide judgment dated 30.01.2024. The applicant is in jail since 10.11.2024, charge-sheet has already been filed and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 3 5. Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicant. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 7. Considering the facts and circumstances of the case, particularly considering the that there is a substantial change in the circumstances that there are five witnesses have been examined by the prosecution, but all the said witnesses are turned hostile and the case of prosecution is based only upon the circumstantial evidence and also the name of the present applicant is not mentioned in the FIR, applicant is in jail since 10.11.2024, trial is likely to take some time to be finalized, without further commenting on other merits of the case, I am inclined to release the applicant on bail. 8. Accordingly, the instant bail application is allowed. 9. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs.10,000/- with one surety to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. Sd/- (Arvind Kumar Verma) Judge Vasant