1 2025:CGHC:14900 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1096 of 2025 Bhikham Sahu S/o Tikaram Sahu Aged About 25 Years R/o Village Chimagondi Police Station Kawardha, Distt. Kabeerdham Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Kawardha, District – Kabeerdham, Chhattisgarh. …. Non-applicant For Applicant : Mr. Ishan Verma, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27.03.2025 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 248/2024 registered at Police Station – Kawardha, District – Kabeerdham (C.G.) for the offence punishable under Sections 147, 148, 149, 307, 294, 323 and 506B of the Indian Penal Code (IPC). 2. Case of the prosecution, in brief, is that the case arisen from a dispute between the complainant’s family and the applicants, who are relatives, over a piece of family land, On 01.04.2024, following a RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 notice from the Tehsildar regarding partition, an incident occurred wherein the complainant’s party allegedly cut down a babool tree ad took it into their Kotha Baada, later that day, verbal altercation ensued, during which both sides claim injuries were sustained, the complainant alleges that one of the accuse, Bhikham Sahu, caused injuries to her with an axe, which others intervened in the quarrel, leading to further injuries on both sides, and the complainant filed a report against the applicant. 3. First bail application of the applicant was rejected by this Court vide order dated 16.10.2024 passed in MCRC No.6545/2024. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the trial of the present case is on going on and out of 19 prosecution witnesses, only 5 have been examined. It is submitted that the applicant is in jail since 16.07.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 5. On the other hand, learned State counsel, opposes this second bail application and submits that the applicant is said to have assaulted the injured with an Axe, on account of which the injured sustained several injuries, and as per the doctor’s opinion, the injuries are found to be grievous in nature, on which basis the first bail application of the applicant was already rejected. As such, this second bail application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 3 7. Taking into consideration the facts and circumstances of the case and also considering the fact that though the trial of the present case is on going on and out of 19 prosecution witnesses, 5 have been examined, but the applicant is said to have assaulted the injured with an Axe, on account of which the injured sustained several injuries, and as per the doctor’s opinion, the injuries are found to be grievous in nature, on which basis the first bail application of the applicant was already rejected, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, this second bail application of applicant – Bhikham Sahu involved in Crime No. 248/2024 registered at Police Station – Kawardha, District – Kabeerdham (C.G.) for the offence punishable under Sections 147, 148, 149, 307, 294, 323 and 506B of the IPC, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar