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2025 DAILYLAW 59166 (CHH)

SUNIL JAISWAL v. STATE OF CHHATTISGARH

MCRC/9364/2025 · 2025-11-19

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1 2025:CGHC:56615 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9364 of 2025 Sunil Jaiswal S/o Late Kripashankar Jaiswal Aged About 32 Years R/o- Village - Govindpur, Police Station Chowki- Rewati, P.S. - Chandaura, District - Surajpur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Chowki-Rewati, P.S. - Chandaura, District - Surajpur, Chhattisgarh. ... Non-applicant For Applicant : Mr. D.N. Prajapati, Advocate. For Non-Applicant/State : Mr. Swajeet Ubeja, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.11.2025 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. 01/2025 registered at Police Chowki-Rewati, Police Station Chandaura, District – Surajpur (C.G.), for the offence punishable under Sections 296, 351(2), 115(2), 109, 117(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant has been rejected by this Hon’ble Court vide order dated 18.06.2025 passed in MCRC No. 3984 of 2025 on merits. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.21 10:57:18 +0530 2 3. As per the prosecution story in brief, the complainant, Santosh Kumar Jaiswal, lodged a report at Police Chowki Rewati, P.S. Chandaura, stating that on 03.01.2025 at about 07:30 P.M., while he was constructing his house, the present applicant, who is the complainant’s younger brother, told him not to build a house on that land. He allegedly abused the complainant in filthy language, threatened to kill him, and beat him with an iron hammer, causing injuries on his head, resulting in bleeding, and also injuring his left hand. Therefore, the complainant lodged a report requesting action against the applicant. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that this is the second bail application of the present applicant, and that out of the total 13 prosecution witnesses, only 6 have been examined, and they have not supported the prosecution case. He also submits that although the trial Court has fixed dates for examining the remaining prosecution witnesses, they have not appeared, which has caused delay in concluding the trial. He further submits that the present applicant has no criminal antecedents and has been in jail since 18.03.2025, and the conclusion of the trial is likely to take some more time. Therefore, he prays for grant of regular bail to the present applicant. 5. Learned counsel appearing for the State/non-applicant would oppose the bail application of the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. 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 3 present applicant. 8. Accordingly, the second bail application of the applicant - Sunil Jaiswal, involved in Crime No. 01/2025 registered at Police Chowki-Rewati, Police Station Chandaura, District – Surajpur (C.G.), for the offence punishable under Sections 296, 351(2), 115(2), 109, 117(2) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 9. 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