1 2025:CGHC:57491 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9588 of 2025 Mehran Khan @ Shammi S/o Najim Khan Aged About 19 Years R/o Samsung Service Centre, Gali No. 02, Civil Line, Police Station- Civil Line, Raipur, Tahsil- And District- Raipur (C.G.) (Detailed Of The Applicant Mentioned As Per Order Dated 29-11-2024 Of The Hon’ble High Court) ... Applicant versus State of Chhattisgarh Through The Station House O5cer, Police Station- Pandri, District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Shivendu Pandya, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.11.2025 1. This is the Second bail application :led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 384/2024 registered at Police Station – Pandri, District – Raipur (C.G.), for the o?ence punishable under Sections 307, 294/34 of the Indian Penal Code and Section 25 and 27 of the Arms Act. 2. The earlier bail application of the applicant being MCRC No. 8330 of 2024 was dismissed on merits vide order dated 29.11.2024 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.27 18:50:23 +0530 2 3. The case of the prosecution is that on 04.12.2023, the complainant Aditya Verma, brother of the injured Anand Verma, lodged a report at Police Station Pandri, District Raipur (C.G.), to the e?ect that on the date of the incident, i.e., 04.12.2023 at about 05:40 PM, when the injured Anand Verma was standing near the shop run by his brother (the complainant), the present accused/applicant along with other co-accused persons came to the spot and used :lthy language. Thereafter, the present applicant along with the other co-accused committed marpeet with the injured. It is further alleged that the present accused/applicant along with the other co-accused assaulted the injured with a knife and thereafter threatened him with dire consequences. After the incident, the complainant lodged the report at Police Station Pandri, District Raipur (C.G.) on 04.12.2023 against the present accused/applicant and the other accused persons. 4. Learned counsel for the applicant submits that applicant is an innocent person and has been falsely implicated in the present case. He submits that the medical report of the present case does not support the prosecution version, as the injuries sustained by the injured person are not grievous in nature. The injured has been carrying out his normal activities in the days following the incident, which clearly shows that no grievous injuries were sustained by him. He also submits that no prima facie case has been established by the prosecution against the present applicant to involve him in the alleged o?ence, nor has any mens rea been shown. It is respectfully submitted that other co-accused persons have already been granted bail by the learned trial Court. He also submits that the trial of the present case is pending, and till date, charges have been framed but not a single witness has been examined before the trial Court, as revealed by the order sheets from 16.07.2024 to 3 27.10.2025. He further submits that the present applicant has been in jail since 05.12.2023, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application of the present applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, and the fact that this is the second bail application of the present applicant, the :rst bail application was rejected on merits by this Court vide order dated 29.11.2024. The present bail application has been :led on the ground that, as is evident from the order sheets dated 16.07.2024 to 27.10.2025, despite the charges having been framed on 01.08.2024, not a single prosecution witness has been examined before the trial Court till date. Even though bailable warrants have been issued against the prosecution witnesses. As the applicant has been languishing in jail since 05.12.2023 and the conclusion of the trial is likely to take more time, this Court is of the view that the applicant is entitled to be released on bail. 8. The Second Bail Application of the Applicant – Mehran Khan @ Shammi, involved in Crime No. 384/2024 registered at Police Station – Pandri, District – Raipur (C.G.), for the o?ence punishable under Sections 307, 294/34 of the Indian Penal Code and Section 25 and 27 of the Arms Act, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall :le an undertaking to the e?ect that he shall not seek any adjournment on the dates :xed for evidence when the witnesses are present in court. In case 4 of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date :xed, either personally or through his counsel. In case of his absence, without su5cient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date :xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates :xed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without su5cient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against his in accordance with law. 9. O5ce is directed to send a certi:ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek