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2026 DAILYLAW 23590 (CHH)

ARUN RAJPUT v. STATE OF CHHATTISGARH

MCRC/5650/2026 · 2026-06-28

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Judgment text

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1 2026:CGHC:26287 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5650 of 2026 Arun Rajput S/o- Jagannath Rajput Aged About 19 Years R/o- Shanker Nagar, Ward No. 27 P.S. Champa District- Janjgir-Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through- SHO P.S. Champa, District – Janjgir-Champa (C.G.) ---- Non-applicant For Applicant : Mr. Ashutosh Singh Kachhawaha, Advocate. For Non-Applicant/State : Mr. Priyank Rathi, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.06.2026 1. The applicant has preferred this Second Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 594/2025, registered at Police Station- Champa, District – Janjgir-Champa (C.G.) for the offences punishable under Sections 109(1), 309(6), 331(6), 111(2), 117(2) and 3(5) of the BNS. 2. The prosecution story in brief, is that on 10.12.2026, the mother of the complainant called the complaint and stated that when she was ready fro going outside on that time three boys came and after unlocking door and assaulted her with the help of iron tool, result of this sustained injuries and fell down in the earth, her bentex and earrings tops has been looted by the applicant along with other co-accused. Hence, this application. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. First bail application of the applicant has been rejected by this Court vide order dated 16.03.2026 passed in MCRC No. 2467/2026, on merits. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant is in jail since 11.12.2025 and till date out of 16 prosecution witnesses only 7 witnesses have been examined by the trial Court, out of which the injured witness has turned hostile. Therefore, he prays that the applicant be granted bail. 5. Learned counsel for the State opposes the bail application and submits that the applicant along with the co-accused is said to have assaulted the injured and committed a loot and he has been duly identified by the injured in the test identification parade, and recovery of the ornaments has also been made from his possession, and on the same ground the first bail application of the applicant was rejected by this Court. Hence, his bail application is liable to be dismissed. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Considering the ground made by the the applicant that till date out of 16 prosecution witnesses only 7 witnesses have been examined by the trial Court, out of which the injured witness has turned hostile, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 8. Taking into consideration the fact that the applicant along with the co- accused is said to have assaulted the injured and committed a loot and 3 he has been duly identified by the injured in the test identification parade, and recovery of the ornaments has also been made from his possession, and on the same ground the first bail application of the applicant was rejected by this Court, hence, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 9. Accordingly, the Second bail application of applicant – Arun Rajput involved in Crime No. 594/2025, registered at Police Station- Champa, District – Janjgir-Champa (C.G.) for the offences punishable under Sections 109(1), 309(6), 331(6), 111(2), 117(2) and 3(5) of the BNS, is rejected at this stage. 10. Needless to say that the learned trial Court is at liberty to proceed with the trial and conclude the same, expeditiously. 11. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar