1 2025:CGHC:59699 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10085 of 2025 Puneshwar Khute S/o Shri Dauram Khute Aged About 46 Years (Wrongly Mentioned In The Bail Application As 40 Years As Per Aadhar Card, His Actural Age Is 46 Years), Caste- Harijan, R/o Mehandi, Police Station And Tahsil Shivrinarayan, District Janjgir Champa (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Janakpur, District Manendragarh-Chirmiri-Bharatpur (C.G.) ... Non-applicant For Applicant : Mr. Ramsajiwan, Advocate For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Laweyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.12.2025 1. This is the Second bail application filed 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. 103/2016 registered at Police Station Janakpur, District – Manendragarh-Chirmiri-Bharatpur (C.G.), for the offence punishable under Sections 397 read with Section 34 of the Indian Penal Code. 2. According to the prosecution's case, between 19.07.2016, and 20.07.2016, at around 1 a.m., the accused persons, Santosh Kujur, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.10 11:15:22 +0530 2 Puneshwar Khute (the present accused/applicant), and Prabhakar— booked a room at the Maa Chand Lodge. When the receptionist/complainant, Ranu Shrivastava, asked for ID proof, the accused persons, who were intoxicated, began arguing and fighting with her. They allegedly assaulted her, causing her to lose four teeth and sustain bodily injuries. The prosecution further alleged that the accused persons looted a gold ring and a mobile phone from the complainant. During the investigation, the police registered an offence against a co- accused, Hemant Goswami, who remains absconding, according to the prosecution. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that this is the second bail application of the present applicant. After the rejection of the first bail application, several prosecution and material witnesses have been examined before the learned trial Court, and they have not supported the case of the prosecution and have turned hostile. It is also pertinent to mention here that the other co-accused in this case have already been acquitted of the allegations levelled against them, and the case of the present applicant stands on the same footing as that of the said accused persons. He also submits that the present applicant has no criminal antecedents and he has been in jail since 25.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non-applicant would oppose the bail application of the applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Considering the above submissions, as the prosecution witness have been turned hostile, the same cannot be a ground for releasing the applicant on bail, therefore, I am not inclined to grant regular bail to the present applicant. 7. Accordingly, the second bail application of the applicant - Puneshwar Khute, involved in Crime No. 103/2016 registered at Police Station Janakpur, District – Manendragarh-Chirmiri-Bharatpur (C.G.), for the offence punishable under Sections 397 read with Section 34 of the Indian Penal Code, is rejected. 8. 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 Abhishek