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2026 DAILYLAW 182 (CHH)

ASHISH YADAV v. STATE OF CHHATTISGARH

MCRC/2451/2026 · 2026-03-15

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 2026:CGHC:12584 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2451 of 2026 Ashish Yadav S/o Late Dinanath Yadav, Aged About 23 Years Occupation Private Job R/o Village Rakeli, Police Station And Tehsil Udaipur, District- Sarguja , Chhattisgarh ... Petitioner(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Uadaipur, District- Sarguja , Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Mahesh Pandey, Advocate For Respondent(s) : Ms. Supriya Upasane, Government Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 16/03/2026 1. This is the second bail application of the applicant. 2. The first bail application of the applicant has been rejected on merits by this Court vide order dated 09.10.2025 passed in MCrC No. 7493/2025. 2 3. The applicant has been arrested on 08.05.2025 in connection with the crime No. 75/2025 registered at police station – Udaipur, District – Surguja (C.G.) for the offences under Section 103, 115, 117(1), 190 and 191(3) of the Bharatiya Nyaya Sanhita, 2023. 4. The Case of the prosecution is that on 07.05.2025 a report has been lodged by the complainant Mahesh Kumar Yadav who is cousin of deceased Sonu Yadav with the effect that on 06.05.2025 he along with the deceased and other family members had gone in a marriage function at village Rakeli and when they went near pond to answer the call of nature the accused persons came there and started assaulting them by lathi, axe and crow bar. By the assault made by the accused persons Sonu Yadav died and they received injuries. The FIR has been registered and after investigation charge sheet has been filed. 5. Learned counsel for the applicant would submit the applicant is in jail since 08.05.2025 there are general and omnibus allegations against the applicant and no specific overtake have been alleged, the trial of the case is not in considerable progress and out of total 18 witnesses only 8 witnesses have been examined till date and there is no possibility of early disposal of the trial of the case, therefore, he has filed the second bail application. 6. On the other hand, learned counsel appearing for the State opposes and has submitted that in furtherance of common object the applicant and other accused persons have assaulted the deceased Sonu Yadav by axe, crow bar and danda by which he received injuries and ultimately died. The evidence of the prosecution witnesses are regularly been recorded and out of 18 witnesses, 8 witnesses have 3 already been examined. The first bail application of the applicant has already been rejected on merits. Therefore, there is no change in circumstances in the case and the second bail application of the applicant is liable to be dismissed. 7. I have heard learned counsel for the parties and perused the material annexed with the bail application. 8. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the evidence available in the charge-sheet against the present applicant and further that the first bail application of the applicant has already been rejected on merits vide order dated 09.10.2025 passed in MCRC No. 7493/2025 and further that the trial of the case is in progress and out of 18 witnesses 8 witnesses have already been examined, I am not inclined to admit this second bail application of the applicant as there is no change in circumstances. 9. Accordingly, the second bail application of the applicant is dismissed. Sd/- (Ravindra Kumar Agrawal) JUDGE Sumit