Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:26393
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5663 of 2026 Baldau Kurre S/o Late Bisambar Kurre, Aged About 62 Years R/o Gram Nayak Bandha, P. S. Abhanpur, District - Raipur (C.G.)
... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station - Rajim, District Gariyaband (C.G.)
... Respondent(s) For Applicant(s) : Mr. Hemant Kesharwani, Advocate. For Respondent(s) : Ms. Anusha Naik, Dy, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/06/2026
1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 169/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 Rajim, District Gariyaband (C.G.), for the offence punishable under Section 109 and 332(b) of BNS. 2. Case of the prosecution, in brief, is that on 05.06.2025, the police received information that the victim, Tikeshwari Banjare, had sustained grievous injuries after being attacked with a sharp- edged weapon at her residence and was admitted to Mekahara Hospital, Raipur. Initially, an FIR was registered against an unknown person on the basis of the victim's dying declaration. During investigation, after the victim was discharged from the hospital, she expressed suspicion against the present applicant, Baldau Kurre, alleging that he attacked her due to their previous love affair. The applicant was thereafter called for questioning, during which he allegedly confessed to entering the victim's house and stabbing her with the intention to kill. Pursuant to his memorandum statement, the weapon of offence, namely a knife, was recovered, and after completion of the investigation, the police filed the charge-sheet before the competent Court. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 19.11.2025, therefore this second bail application is filed on the ground that there are total 15 prosecution witnesses in the present case, out of which only one witness has been examined so far. The present bail application is, inter alia, filed on
3 the ground of delay in conclusion of the trial. A copy of the deposition sheet is annexed herewith as Annexure A/4.
As per the deposition, the victim has not supported the prosecution case and has been declared hostile. He also submits that the victim was medically examined during the investigation. However, the doctor has not given any definite opinion as to whether the injuries sustained by the victim were simple in nature or dangerous to life, further the charge-sheet has already been filed in the present case and the applicant is in jail since 15.06.2025, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that owing to a previous love affair with the victim, the applicant trespassed into her house and attacked her with a knife with the intention to kill, causing grievous injuries. It is further alleged that the weapon of offence was recovered pursuant to his memorandum statement. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 19.11.2025 in MCRC No. 8715 of 2025 on the ground that grievous and life- threatening injuries sustained by the victim due to the knife attack,
4 the victim's statement under Section 183 BNSS implicating the applicant, the existence of a prior love relationship indicating motive, and the prima facie material collected during the investigation connecting the applicant with the alleged offence, and the new ground raised by the applicant that 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. As such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the second bail application of the applicant-Baldau Kurre, involved in Crime No. 169/2025 registered at Police Station Rajim, District Gariyaband (C.G.), for the offence punishable under Section 109 and 332(b) of BNS, is rejected at this stage. 8.
Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/-
(Ramesh Sinha)
Chief Justice Akhil