1 2025:CGHC:59211 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9978 of 2025 Harsh Upadhayay @ Babu S/o Late Manoj Upadhayay Aged About 21 Years R/o Surya Chowk Chingrajpara, Sarkanda Bilaspur, District - Bilaspur Chhattisgarh (In First Bail Rejection Order Before This Hon'ble High Court, The Name Of The Applicant Is Written As Only Harsh Upadhyay But In The Rejection Order Of Court Below It Is Written As Harsh Upadhyay @ Babu) ... Applicant versus State Of Chhattisgarh Through - Station House Officer (S.H.O.) P.S. - Sarkanda, District - Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Satish Surya, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 05.12.2025 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 have been arrested in connection with Crime No. 156/2025 registered at Police Station : Sarkanda, District - Bilaspur (C.G.), for the offence punishable under Sections 109, 191(3) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act. 2. Earlier bail application of the applicant was rejected on merits by this Court vide order dated 10.07.2025 passed in MCRC No. 4172/2025. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.06 12:12:02 +0530 2 3. As per the prosecution story, on 29.01.2025 at approximately 2:00–2:30 PM, the complainant/injured, Shreyans Kashyap (PW-05), along with his elder brother, Shrijay Kashyap (PW-04), had gone to Loyola School to pick up their younger brother, Lakshya Kashyap. While waiting near the school gate at Patliputra Colony, Sarkanda, Bilaspur, some boys allegedly used abusive language towards Shreyans Kashyap and assaulted him with a sharp object, causing grievous injuries to his abdomen. The victim became unconscious and was rushed to Apollo Hospital, Bilaspur, for treatment. 4. earned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the first bail application of the applicant was rejected by this Court vide order dated 10.07.2025 passed in MCRC No. 4172/2025. The present second bail application is being filed on the ground that six prosecution witnesses have been examined by the Trial Court and have turned hostile, while the statement of the injured is yet to be recorded. He further submits that although the applicant has four previous criminal antecedents, the charge-sheet has already been filed, and the applicant has been in jail since 29.01.2025. Therefore, he prays that the applicant may be enlarged on bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that the first bail application of the applicant was rejected by this Court on the ground the present applicant is the main accused and has assaulted the injured with a knife, targeting his vital part of the body, as a result, the injuries sustained to the injured are grievous in nature, and as per the opinion of the doctor and query report, the injuries were found to be dangerous to life, further he has 04 criminal antecedents which are pending, hence, the applicant is not entitled to the 3 grant of bail. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Taking into consideration the fact and circumstances of the case and the fact that the first bail application was rejected by this Court on the ground that the present applicant is the main accused and has assaulted the injured with a knife, targeting his vital part of the body, as a result, the injuries sustained to the injured are grievous in nature, and as per the opinion of the doctor and query report, the injuries were found to be dangerous to life, further he has 04 criminal antecedents which are pending, and further six prosecution witnesses have been examined by the Trial Court and have turned hostile, while the statement of the injured is yet to be recorded, and the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the second bail application of applicant – Harsh Upadhayay @ Babu involved in Crime No. 156/2025 registered at Police Station : Sarkanda, District - Bilaspur (C.G.), for the offence punishable under Sections 109, 191(3) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti