1 2025:CGHC:58878 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9899 of 2025 Pradeep Kumar @ Dipu Kenwat S/o Gopal Das, Aged About 30 Years R/o Bandhi, P.S. Pendra, District- Gourela- Pendra - Marwahi (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Pendra, District- Gourela- Pendra - Marwahi (C.G.) ... Respondent(s) For Applicant(s) : Mr. Lalit Jangde, Advocate. For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.12.2025 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. 161/2025 registered at Police Station Pendra, District- Gourela- Pendra - Marwahi (C.G.) for the offence punishable under Section 296, 351(3), 115(2), 118(2) & 3(5) of BNS. 2 2. Case of the prosecution, in brief, is that the complainant Rakesh Tiwari lodged a report at Police Station Pendra on 18.05.2025. He stated that in the year 2021, his brother Mukesh Tiwari had agreed to purchase land bearing Khasra No. 124/03 (area 17 decimal) from Gopal Das Kevat for Rs.10,20,000/-. An amount of Rs.8,95,200/- was paid through bank and some amount in cash, with the remaining amount to be paid at the time of registration. However, despite receiving the money, Gopal Das refused to execute the registry. The complainant’s family claims to be in possession of the land since the agreement. 3. On 18.05.2025 at around 2:00 PM, the complainant noticed that Pradeep Kevat, son of Gopal Das, was ploughing the disputed land with a tractor. When the complainant objected, Pradeep, along with his mother Baisakhiya Bai and father Gopal Das, allegedly abused him in filthy language and threatened to kill him. It is alleged that Pradeep assaulted the complainant with an axe, causing injuries to his head, face, and left arm. Based on the complaint, Crime No. 161/2025 was registered. Hence, the bail application. 4. Learned counsel for the applicant submits that the first bail application was rejected by this Court on merits vide order dated 01.08.2025, therefore this second bail application is filed on the ground that the co-accused have already been granted bail, and therefore, on the principle of parity, the applicant also deserves similar relief. The allegation pertains to a sudden quarrel arising from a land dispute and was not premeditated, nor does it constitute a 3 heinous offence involving moral turpitude. The medical report reflects only one fracture injury, which has already healed, reducing the gravity of the offence. The applicant has no criminal antecedent of a similar nature, and the minor IPC case cited against him does not affect his claim for bail. Since co-accused are on bail and the trial is likely to take considerable time, continued detention of the applicant would serve no useful purpose, the applicant is in jail since 11.07.2025 and the conclusion of trial is likely to take some time, therefore, he prays for releasing the applicant on regular bail. 5. On the other hand, learned State counsel opposes the bail application and submits that the allegation against present applicant is that on 18.05.2025, during a dispute over the ownership and possession of land, he assaulted the complainant Rakesh Tiwari with an axe after abusing and threatening him. It is alleged that the applicant inflicted injuries on the complainant’s head, face, and left arm, resulting in a mandibular bone fracture. The axe used in the assault was also recovered from the applicant. She also submits that the applicant has a previous criminal record involving the same complainant, therefore, the applicant is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. 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 01.08.2025 in MCRC No. 6035 of 2025 on the ground that the applicant allegedly 4 assaulted the complainant Rakesh Tiwari with an axe after abusing and threatening him, the applicant inflicted injuries on the complainant’s head, face, and left arm and during investigation, complainant’s CT scan and X-ray revealed a mandibular bone fracture, leading to the addition of Section 118(2) BNS and the axe used in the incident was also seized from the accused. So far as criminal antecedent of the applicant is concerned, applicant has a previous criminal record involving the same complainant, as such, there appears to be no good ground to entertain the present bail application of the applicant. 8. Accordingly, the second bail application of the applicant- Pradeep Kumar @ Dipu Kenwat, involved in Crime No. 161/2025 registered at Police Station Pendra, District- Gourela- Pendra - Marwahi (C.G.) for the offence punishable under Section 296, 351(3), 115(2), 118(2) & 3(5) of BNS, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10.Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil