1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9927 of 2025 1 - Virendra Singh Sidar S/o Late Babulal Sidar Aged About 50 Years R/o Village Dumarpali Police Station Chakradharnagar District Raigarh C.G. ... applicant (s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Chakradharnagar, District Raigarh (C.G.) ... Respondent(s) For applicant (s) : Mr. Kishan Yadav, Advocate For Respondent(s) : Mr. Neeraj Sharma, Dy. A.G. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 04.12.2025. 1. This is the second bail application of the applicant. The first bail application of the applicant has been rejected on merits vide order dated 10.11.2025 passed by this Court in MCRC No. 8551/2025. The applicant is claiming regular bail, who is arrested on 23.12.2024 in Crime No. 574/2024 registered at P.S. Chakradharnagar, Dist- Raigarh for the offence punishable under Section 103 (1) read with Section 3 (5) of Bhartiya Nyaya Sanhita, 2023. SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.12.05 11:29:47 +0530 2 2. The case of the prosecution in brief is that on 22.03.2024, at about 2 am, deceased- Panchram was assaulted by the accused persons in front of the house of the present applicant, by tiding him to an electric pole. In the morning, when the witnesses saw the deceased in injured condition, being tied to the electric pole, they informed the Police, and then merg was intimated. After enquiry, FIR has been registered against the present applicant. During the investigation, memorandum statement of the applicant was recorded, in which he disclosed that he, along with other co- accused persons, have assaulted the deceased by hands, fists and danda. Applicant has been arrested on 23.12.2024 and charge-sheet has been filed. 3. Learned counsel for the applicant would submit that the case of the prosecution is based on memorandum and seizure of Lathi and Rope from the applicant, whereas the memorandum and seizure witnesses are not supporting the prosecution’s case and if the memorandum and seizure goes, the entire case of the prosecution against the applicant would nullified and there is no other evidence against the present applicant. He would rely upon the judgment passed by the Hon’ble Supreme Court in the matter of Union of India and Others Vs. Jai Prakash Singh and another, reported in 2007 (2) SCCD 654 SC and the order passed by this Court on 29.04.2025 in MCRC No. 3006/2025 (Ashok Kumar Pradhan and another Vs. State of C.G.) and would submit that in view of the judgment passed by Hon’ble Supreme Court as well as by this Court, the applicant is entitled to be released on bail. 4. On the other hand, learned counsel for the State opposes and has submitted that the first bail application of the applicant has been dismissed 3 on merits. On the date when his first bail application has been dismissed, the memorandum and seizure witnesses has already been examined and considering the entire facts and circumstances of the case and evidence available in the charge-sheet, this Court has dismissed the bail application of the applicant and therefore, the applicant is not entitled for bail. 5. I have heard learned counsel for the parties and perused the material annexed with the bail application. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation against the applicant, further considering that the first bail application of the applicant has been rejected on merits on 10.11.2025 and till that day, the witnesses PW/1, PW/2 and PW/3 were already examined and there is no change in circumstances after 10.11.2025 to admit this second bail application of the applicant. The judgment cited by learned counsel for the applicant is distinguishable to the fact of the present case as does not help him. 7. Accordingly, the second bail application of the applicant Virendra Singh Sidar is dismissed at the motion stage. Sd/- S (Ravindra Kumar Agrawal) Judge Sagrika