1 2025:CGHC:56103 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9306 of 2025 Rajesh Kurre S/o Resham Lal Kurre Aged About 37 Years R/o Village Dighaura, Police Station Pathariya, District Mungeli (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Pathariya, District Mungeli (C.G.) ... Non-Applicant For Applicant : Ms. Indrapreet Kaur Chhabra, Advocate. For Non-Applicant/State : Ms. Ankita Singh, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.11.2025 1. This is the second bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 77/2025 registered at Police Station Pathariya, District Mungeli (C.G.) for the offence punishable under Sections 296, 115(2), 351(2) and 109(1) of Bharatiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant being MCRC No. 5463 of 2025 was rejected by this Court vide order dated 14.07.2025 on merits. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. The case of the prosecution, in brief, is that the complainant, Jambai Kure, lodged a written report alleging inter alia that on 11.04.2025 at about 3:00 p.m., while she was at home with her daughter and granddaughter, the applicant/accused, Rajesh Kurre, came in front of their house and started hurling obscene abuses. When the complainant came out of the house and asked what had happened and why he was abusing, the accused became enraged and, while threatening to kill her, assaulted her with a stick. As a result of the said assault, the complainant sustained injuries on the left side of the back of her head and on her left thigh. She was taken for treatment to Pathariya Hospital and was later referred to the District Hospital, Mungeli, where she remained admitted and underwent treatment. On the basis of the above report, Police Station Pathariya registered an FIR bearing Crime No. 77/2025 under Sections 296, 115(2), and 351(2) of the Bharatiya Nyaya Sanhita, 2023, against the applicant/accused, and investigation was initiated. 4. Learned counsel for the applicant submits that there is an unexplained delay of seven days in lodging the FIR, and during trial the prosecution has examined five witnesses, including Dr. Amit (PW-04) and Dr. Manilal (PW-05). It is argued that as per PW-04, the medical report does not specify the nature of injuries, the injured was conscious at the time of examination, and a subdural hemorrhage may also occur due to high blood pressure or medication. PW-05 has admitted that at the time of admission the injured’s condition was normal and only her blood pressure was 3 high. It is further submitted that key prosecution witnesses, Janta Banjare (PW-01) and Ram Prasad (PW-03), have turned hostile. She further submits that the applicant himself is suffering from severe allergy-related breathing issues, and owing to the lack of proper medical facilities at District Jail Mungeli, he has been advised to be shifted to Central Jail Bilaspur for appropriate medical care, as reflected in the communication of the Assistant Jail Superintendent and supported by the lower court’s order sheet. She also submits that the present applicant is languishing in jail since 05.06.2025. Hence, she prays for grant of second bail to the applicant. 5. On the other hand, learned State counsel opposes the second bail application of the present applicant and submits that the allegations against the applicant are serious in nature. It is argued that the complainant has clearly stated that the applicant/accused abused her, threatened to kill her, and assaulted her with a stick, causing multiple injuries for which she had to be admitted to the District Hospital, Mungeli. She also submits that the medical evidence supports that the injuries were caused by the applicant. Hence, it is contended that the applicant does not deserve any relief at this stage. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case that the first bail application of the applicant was rejected by this Court on merits though the applicant is languishing in jail since 4 05.06.2025 and as per the status of the trial, 05 prosecution witnesses have been examined in the case including Dr. Amit (PW- 04) and Dr. Manilal (PW-05), but the present applicant, who abused her, threatened to kill her, and assaulted her with a stick, causing multiple injuries for which she had to be admitted to the District Hospital, Mungeli, the medical evidence supports that the injuries were caused by the and the injuries was found to be a grievous in nature and is dangerous to her life, therefore, I am not inclined to grant second bail to the applicant. 8. Accordingly, the bail application of the applicant – Rajesh Kurre, involved in Crime No. 77/2025 registered at Police Station Pathariya, District Mungeli (C.G.) for the offence punishable under Sections 296, 115(2), 351(2) and 109(1) of Bharatiya Nyaya Sanhita, 2023, is rejected. 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 Rahul Dewangan