1 2025:CGHC:53444 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8643 of 2025 Kishan Vishwakarma S/o Late Shriram Vishwakarma, Aged About 27 Years, R/o Kasaridih, Kanhaiyapuri Chowk P.S. Padmanabhpur, Durg Dist. Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer (S.H.O.) P.S. Padmanabhpur, District - Durg (C.G.) ... Non-applicant For Applicant : Mr. Ashutosh Biswas, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 31.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.274/2025 registered at Police Station - Padmanabhpur, District - Durg (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25, 27 of Arms Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.03 10:36:52 +0530 2 2. The prosecution's case, in brief, is that As per the prosecution story, the complainant, Rishabh Yadav alias Chalisa, a tiles mason, lodged a report at Police Station Padmanabhpur stating that on 05.08.2025, when he had gone to drop his brother Kunal Yadav near the Municipal Corporation office, Kunal was later assaulted near Shitala Market, Devbhog Pan Stall by the applicant, Kishan Vishwakarma, who abused him in obscene language and hit him. When the complainant reached the spot with his friend Sahil, both accused, Kishan Vishwakarma and Ayan, jointly abused, threatened, and attacked the complainant with fists, an iron rod, and a sharp weapon, causing injuries. On the basis of this report, Crime No. 274/2025 was registered at Police Station Padmanabhpur against the applicant, Kishan Vishwakarma, and others under Sections 296, 115(2), 351(2), and 3(5) of the Bharatiya Nyaya Sanhita, and Sections 25 and 27 of the Arms Act, and a charge-sheet was filed before the competent court.It is submitted that the applicant has been falsely implicated in the present case due to previous enmity, and there is no direct evidence against him. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the co-accused, namely Sheikh Aayan, has been granted bail by the learned Trial Court vide order dated 12.08.2025 in Bail Application No. 1103/2025. So far as the applicant is concerned, his bail was rejected on the ground that he has eight criminal antecedents, out of which it is stated that in six cases he has been acquitted, and the remaining two cases are old 3 and stale. The charge-sheet has already been filed, and the applicant has been in jail since 08.08.2025. As the conclusion of the trial is likely to take considerable time, the applicant prays for the grant of bail. 4. On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. She further submits that he has eight criminal antecedents, out of which it is stated that in six cases he has been acquitted, and the remaining two cases are old and stale, from a perusal of the orders of acquittal in the cases where the applicant has been acquitted, it appears that in all those cases the witnesses turned hostile, which indicates that the applicant was involved in tampering with the evidence when released on bail, hence, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the co-accused, namely Sheikh Aayan, has been granted bail by the learned Trial Court vide order dated 12.08.2025 in Bail Application No. 1103/2025, so far as the applicant is concerned, his bail was rejected on the ground that he has eight criminal antecedents, out of which it is stated that in six cases he has been acquitted, and the remaining two cases are old and stale, from a perusal of the orders of acquittal in the cases 4 where the applicant has been acquitted, it appears that in all those cases the witnesses turned hostile, which indicates that the applicant was involved in tampering with the evidence when released on bail, this Court is of the view that the applicant is not entitled to be released on bail in this case. 7. Accordingly, the bail application of the applicant - Kishan Vishwakarma involved in Crime No.274/2025 registered at Police Station - Padmanabhpur, District - Durg (C.G.) for the offence punishable under Sections 296, 115(2), 351(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25, 27 of Arms Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office 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 Preeti