1 2025:CGHC:56330 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9359 of 2025 Sumedh @ Sumre Humen S/o Mohan Lal Humen Aged About 19 Years R/o Nandi Chowk, Ward No. 55, Tikrapara, District- Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station New Rajendra Nagar, Raipur, District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Bharat Lal Sahu, Advocate. For Respondent(s) : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.11.2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 372/2024 registered at Police Station New Rajendra Nagar, Raipur, District- Raipur (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Section 296, 115(2), 351(2), 109, 3(5) of BNS and Sections 25 and 27 of Arms Act. 2. Case of the prosecution, in brief, is that on 24.02.2024 after school hours, complainant Pavitra Yadav along with his friends Ayush and Ashutosh was talking in a nearby ground. At some distance, accused Aditya Singh, Sonu, and Homendra were already quarrelling. When the complainant and his friends tried to intervene, Sonu called his associates Sumedh (Sumer) and Sumit. Thereafter, Sonu, Homendra, Sumedh and Sumit abused and threatened them. Sonu and Homendra assaulted Pavitra with hands, fists and kicks, and Sonu also hit him with his metal kada. Sumedh and Sumit allegedly took out a sharp knife from Ashutosh and Ayush’s pocket and inflicted grievous, life-threatening stab injuries on them. Pavitra also sustained an injury near his right eyebrow. Injured Ashutosh was treated at MMI Narayana Hospital, where he was found with serious, stab-weapon injuries that could be fatal. Injured Ayush Nihal was admitted in Navkaar Hospital from 24.09.2024 to 29.09.2024 with cut injuries caused by a sharp weapon. During investigation, accused Sumedh @ Sumer gave a memorandum admitting to causing injuries with a knife, and the knife was recovered at his instance, the said incident led to the registration of the alleged offence against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits 3 vide order dated 21.02.2025, therefore this second bail application is filed on the ground that out of three injured witnesses, the statement of two injured witnesses have been recorded and they have not supported the prosecution case, copies of which are annexed as Annexure A-3. He further submits that there was a simple dispute arose between the parties, and that the applicant did not assault the victims, even upon perusal of the medical records, the injuries sustained by the injured/victims are simple in nature, further charge-sheet has already been filed in the present case and the applicant is in jail since 10.10.2024, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant along with co-accused reached the spot on being called by Sonu and, armed with a sharp-edged knife, inflicted grievous and life-threatening stab injuries on injured persons Ashutosh Sarkar and Ayush Nihal. Medical records and the doctor’s query report state that the injuries were caused by a sharp weapon and were of serious nature with possibility of fatal consequences. He also submits that during investigation, Sumedh allegedly confessed in his memorandum to causing these injuries and, based on his memorandum, the knife used in the offence was recovered at his instance, as such, the bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case 4 diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 21.02.2025 in MCRC No. 1475 of 2025 in the absence of counsel for the applicant, as he failed to appear and the matter was taken up, the first bail application of the applicant was rejected on the ground that the applicant along with co-accused reached the spot on being called by Sonu and, armed with a sharp-edged knife, inflicted grievous and life-threatening stab injuries on injured persons Ashutosh Sarkar and Ayush Nihal, due to which, injured, Ashutosh was admitted at MMI Narayana Hospital and injured, Ayush Nihal was admitted in Navkaar Hospital from 24.09.2024 to 29.09.2024 for their treatment. Further, medical records and the doctor’s query report goes to show that the injured Ashutosh sustained injuries on the right upper chest caused by a sharp weapon and were of serious nature with possibility of fatal consequences and during investigation, Sumedh allegedly confessed in his memorandum to causing these injuries and, based on his memorandum, the knife used in the offence was recovered at his instance. The injuries of the injured/victims and the recovery of the weapon indicate the prima facie involvement of the applicant in the alleged offence, also considering the fact that though, out of the three injured witnesses, two have turned hostile, but the statement of the injured witness who sustained 5 serious injuries on his chest is yet to be recorded, hence, there appears to be not good ground to entertain the present second bail application of the applicant. 7. Accordingly, the second bail application of the applicant - Sumedh @ Sumre Humen, involved in Crime No. 372/2024 registered at Police Station New Rajendra Nagar, Raipur, District- Raipur (C.G.) for the offence punishable under Section 296, 115(2), 351(2), 109, 3(5) of BNS and Sections 25 and 27 of Arms Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is liberty to proceed and concluded the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil