1 2026:CGHC:711 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10157 of 2025 Kuldeep Singh S/o Shri Fenku Singh Aged About 23 Years R/o Village Keshavnagar, P.S. Bishrampur, District- Surajpur C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer Bishrampur, District- Surajpur C.G. ---- Non-applicant(s) For Applicant : Mr. Siddhant Tiwari, Advocate. For Non-Applicant : Mr. Nitansh Jaiswal, Deputy Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/01/2026 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. 80/2024 registered at Police Station, Bishrampur, District Surajpur (C.G.), for the offence punishable under Sections 294, 506, 323, 325, 307 of the IPC. 2. The earlier bail application of the applicant has already been rejected by this Court being MCRC No. 6607/2024, vide order KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 dated 26.09.2024 on merits. Hence, this second bail application. 3. Case of the prosecution, in brief, is that the complainant, namely, Surendra Kumar Prajapati has lodged an F.I.R. against the applicant on 29.03.2024, with the allegation that on 25.03.2024 at about 12.30 P.M. (on the eve of Holi Festival), the brother of the complainant, namely, Shailendra Kumar Prajapati along with Banarasi Singh and Kuldeep Singh went to the Rihand river for cleansing and bathing after playing colors on the eve of holi festival, at that juncture, the applicant arrived and started abusing the brother of complainant, namely, Shailendra Kumar Prajapati and then the applicant did pushed Shailendra Kumar Prajapati from the edge of river bridge. The brother of the complainant fell down to the bridge and received injuries on his person. Earlier the offence under Sections 323, 294, 506 of the IPC was registered against the applicant, but during the course of investigation, the offfence under Sections 325 & 307 of the IPC were subsequently added. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant’s first bail application was rejected by this Court on merits in MCRC No. 6607/2024, vide order dated 26.09.2024. Hence, the present second bail application has been filed on a new ground, namely, that with regard to the status of the trial, the statement of the injured witness has already been recorded by the learned trial Court, along with the statements of two other prosecution witnesses. He further submits that there are 20 prosecution witnesses, out of which three witnesses, including the 3 injured witness, have already been examined. The applicant has been in judicial custody since 25.06.2024, and the conclusion of the trial is likely to take a considerable amount of time. Therefore, he prays for grant of regular bail to the applicant. 5. Learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant had quarrel with injured and had pushed the injured from the bridge, on account of which, the injured sustained grievous injuries (fracture found on lower backbone and on chest) on his person. He further submits that the first bail application of the applicant has already been rejected by this Court on merits, 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. Considering the submissions advanced by learned counsel for the the parties, the nature of the allegations and the fact that the first bail application of the applicant was earlier rejected on merits, this Court also takes note of the subsequent development that the statement of the injured witness, along with two other prosecution witnesses, has already been recorded by the trial Court out of a total of 20 prosecution witnesses. It is further pointed that the charge- sheet has already been filed, the applicant has been in judicial custody since 25.06.2024, and the trial is likely to take a considerable time to conclude. Therefore, without expressing any opinion on the merits of the case, this Court is of the view that the 4 applicant is entitled to be released on regular bail. 8. Accordingly, the bail application of the applicant is allowed. 9. Let the Applicant – Kuldeep Singh, involved in Crime No. 80/2024 registered at Police Station, Bishrampur, District Surajpur (C.G.), for the offence punishable under Sections 294, 506, 323, 325, 307 of the IPC, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the 5 Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 10. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law within a period of six months , if there is no legal impediment. 11. 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