1 2025:CGHC:8922 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1432 of 2025 Abhishek Sagar @ Kalu S/o Late Laxmi Narayan Sagar Aged About 19 Years R/o Durga Nagar, Devendra Chhattisgarh Nagar, Raipur ... Applicant versus State Of Chhattisgarh Through- Station House OfÏcer, Police Station Devendra Nagar, Raipur, District Raipur (C.G.) ---- Non-applicant For Applicant : Mr. C.R. Sahu, Advocate. For Non-Applicant : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/02/2025 1. This is the Second 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. 31/2024 registered at Police Station, Devendra Nagar, Raipur, District Raipur (C.G.), for the offence punishable under Sections 294, 506, 323, 324, 327, 307, 341 and read with Section 34 of IPC. 2. The earlier bail application of the applicant has already been rejected by this Court being MCRC No. 5386/2024, vide order KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 dated 31.07.2024 on merits. Hence, this second bail application. 3. Case of the prosecution, in brief, is that the complainant has lodged a report before the concerned Police Station with the intend that on the date of incident, there was dispute arose between the accused persons and injured person due to previous enmity and thereafter, the accused persons have assaulted upon him by knife, by causing injuries, received simply injury. Based upon the such report, the concerned police station registered the offence against the applicant. 4. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in this case. He further submits that the first bail application of the applicant was rejected by this Court being MCRC No. 5386/2024, vide order dated 31.07.2024 on merits, hence this second bail application and the new ground for filing of the same is that in the present case, six prosecution witnesses have been examined and the injured person have received simple injury which was committed by the other co- accused persons not by the present applicant on the basis of merely suspicious, the present applicant has falsely been implicated in connection of this crime without any sufÏcient reason. He further submits that the injured PW/1 has not identified the person who assaulted him and further the material and seizure witnesses have been examined by the prosecution agency in the learned trial Court and they have not supported the case of the prosecution and the applicant is in jail since 02.02.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular 3 bail to the applicant. 5. On the other hand, learned State counsel appearing for the State/non-applicant would oppose the bail application and submitted that the earlier bail application of the applicant has already been rejected by this Court being MCRC No. 5386/2024, vide order dated 31.07.2024 on merits. Hence, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, levelled against the applicant and further the fact that the earlier bail application of the applicant has already been rejected by this Court being MCRC No. 5386/2024, vide order dated 31.07.2024 on merits, hence this second bail application and the new ground for filing of the second bail application is that in this case 06 prosecution witnesses have been examined and it appears from the statement of the injured recorded under Section161 of Cr.P.C wherein he stated that he has identified the present applicant who has assaulted the injured by knife along with other co-accused on account of which he received grievous injuries on his abdomen, waist and neck and the medical ofÏcer has opined that the injuries sustained by the injured/complainant is very serious in nature thus, no new ground has been raised in this second bail application therefore, this Court is of the view that the applicant is not entitled to be released on bail in this case. 4 8. Accordingly, the Second bail application of the present applicant- Abhishek Sagar @ Kalu involved in Crime No. 31/2024 registered at Police Station, Devendra Nagar, Raipur, District Raipur (C.G.), for the offence punishable under Sections 294, 506, 323, 324, 327, 307, 341 and read with Section 34 of IPC, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 Kunal