1 2026:CGHC:14148 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2763 of 2026 1 - Ajay Patail S/o Shri Govind Ram Patail Aged About 37 Years R/o Village Chhotemudpar Police Station Kharsia, District Raigarh Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through Police Station Kharsiya, District Raigarh Chhattisgarh ... Respondent(s) For Applicant : Shri Pushpendra Kumar Patel, Advocate. For State : Shri Vinod Tekam, Govt. Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 24.03.2026 1. This is second bail application seeking grant of bail to the Applicant who is in jail since 10.05.2024 in connection with Crime No.268/2024 registered at Police Station Kharsiya, District Raigarh for the offence punishable under Section 294,323,302,34 IPC. 2. The first bail application of the applicant was rejected on merits on 27.01.2025 in MCrC No.310 of 2025. 3. The case of prosecution in brief is that, on 26.05.2018, the deceased has kidnapped the daughter of the present applicant and committed rape upon her. The report has been lodged against the deceased- Deepak Patel, for which he was being prosecuted for the offence under INDRAJEET SAHU Digitally signed by INDRAJEET SAHU Date: 2026.03.25 19:22:39 +0530 2 Sections 363, 366 and 376 of IPC and Sections 4 and 6 of POCSO Act. The deceased was released on bail on 03.05.2024 in that offence. On 09.05.2024, when the marriage function of younger daughter of the applicant was going on, the deceased came there in the village and created nuisance by hurling abusive language there, which was objected by the accused persons and their family members and some altercation took place between them. The altercation converted into the assault and the present applicant and his family members have assaulted the deceased by iron rod, bamboo club and hand and fist, by which the deceased- Deepak Patel received various injuries on his body and he died on 10.05.2024 at hospital during his treatment. The merg was intimated to the police and after merg inquiry and postmortem of the dead body, the FIR has been registered against the present applicant as well as other accused persons for commission of murder of the deceased-Deepak Patel. The applicant has been arrested on 10.05.2024 and after investigation charge sheet has been filed. 4. Learned Counsel for the applicant would submit that after rejection of first bail application of the applicant, 13 witnesses have been examined out of total 34 witnesses and till date total 21 witnesses remains to be examined. Two eyewitness namely Nagendra Patel and Neeraj Patel have been examined before trial court and they have not duly supported the prosecutions case. The allegation against the present applicant is that one Lathi has been seized from the present applicant, but the memorandum and seizure witnesses have also not supported the case of prosecution. The applicant is in jail since 10.05.2024; there 3 is no considerable progress in the trial of the case and therefore he has filed this second bail application. 5. On the other hand the counsel for the State opposes the bail application and submitted the first bail application of the applicant has been rejected on merits. Trial of the case is in progress and 13 witnesses have been examined till date. Since the merits of case has already been considered by this court, there is no change in circumstances to admit this second bail application. Therefore, his application is liable to be dismissed. 6. I have heard the counsel for the parties and perused the material annexed with the bail application. 7. Considering the submissions made by the counsel for the parties, considering the nature of allegation and evidence available in charge sheet against the applicant; the first bail application has been rejected on merits by this court on 27.01.2025 in MCrC No.310 of 2025 and also considering the fact that trial of the case is in progress and 13 witnesses have already been examined, I am not inclined to admit this second bail application at this stage. 8. Accordingly, the second bail application stands dismissed at motion stage. However, considering the fact that the applicant is in jail since 10.05.2024, the trial court is directed to expedite the trial of the case. Sd/- (Ravindra Kumar Agrawal) Judge inder