1 2025:CGHC:7061 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1118 of 2025 Sohail @ Sharukh Khan S/o Yakub Khan Aged About 28 Years R/o 159, Ramakant Sharma Maarg, Annapurnapara, Kanker, P.S. - Kanker, District North Bastar Kanker Chhattisgarh (As Per Charge Sheet) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, P.S. Kotwali, Dist. - Bastar Chhattisgarh ---- Non-Applicant For Applicants : Mr. Akhtar Hussain, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/02/2025 1. This is the Third bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 451/2022 registered at Police Station- Kotwali, District- Bastar (C.G.), for the offence punishable under Sections 302, 120-B, 460, 34 of IPC. 2. The earlier first bail and second bail applications of the applicant being MCRC No.3147 of 2023 and MCRC No. 5501 of 2024 were KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 rejected by this Court vide order dated 14.09.2023 and 05.08.2024, respectively on merits. Hence this is third bail application. 3. Case of the prosecution, in brief, is that, on 22.12.2022 the neighbor (Motilal Katri) of deceased informed the brother of the deceased, namely, Jethmal Ji Khatri, that the house of deceased is locked since 20.12.2022 and they did not able to contact with the deceased, then the brother of the deceased reached on the spot and tried to contact him, thereafter, they asked in neighborhood and also tried to contact him through phone but he did not get any information about the deceased. Then on 23.12.2022, the brother of the deceased went to police station and lodged a missing report thereafter on 24.12.2022, and on the basis of the such information the concerned police ofÏcials has reached at the house of the deceased and broke the lock of the house where they found the dead body of Ghewarchand Khatri (Deceased). Thereafter, on the basis of investigation of concerned police ofÏcer the memorandum statement of the accused is recorded and also on the basis of the CCTV footage the crime was registered against present applicant along with other accused persons of the case and they have arrested for aforesaid crime. 4. Learned counsel for the applicant submits that the earlier first bail and second bail applications of the applicant being MCRC No.3147 of 2023 and MCRC No. 5501 of 2024 were rejected by this Court vide order dated 14.09.2023 and 05.08.2024, respectively on merits and the new ground for filing of the third bail application is that the report was lodged against unknown person and only on the basis of 3 memorandum statement the applicant has been arrested and crime was registered against him further there is no direct evidence is present against applicant and he is falsely implicated in the crime only on the basis of seizure of stolen articles from the house of the deceased. He further submits that the offence under Section 302 of Indian Penal Code is not made out against the applicant in any manner and he has been arrested by the police only on the basis of memorandum which was recorded after lapse of 6 days. The prosecution is trying to establish its case on the basis of CCTV footage but no any evidence could brought on investigation showing the involvement of the accused and charge is yet to be framed and there are four witnesses have left to be examined. Accordingly, he prays for grant of bail to the applicant. 5. On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application of the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the fact that the first bail and second bail applications of the applicant being MCRC No.3147 of 2023 and MCRC No. 5501 of 2024 have been rejected by this Court vide order dated 14.09.2023 and 05.08.2024, respectively on merits. I do not find any new ground or change in circumstances to entertain this third bail application. Accordingly, the third bail application of the applicant- Sohail @ Sharukh Khan, involved in Crime No. 451/2022 registered at Police Station- Kotwali, District- Bastar (C.G.), for the offence punishable under Sections 302, 120-B, 460, 34 of IPC, is 4 rejected at this stage. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously within a period of four months from the date of receipt of a certified copy of this order, if there is no legal impediment. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/ Sd/- (Ramesh Sinha) Chief Justice kunal