1 CGHC010256602026 2026:CGHC:28873 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6149 of 2026 Shoukilal Chouhan S/o Hemsagar Chouhan Aged About 30 Years R/o- Village- Lara, Tehsil Pusour, P.S.- Pusour, District- Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through Sho, P.S. Pusour, District- Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-Applicant/State : Mr. Vinod Kumar Tekam, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 1. This is the second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 227/2023 registered at Police Station - Pusour, District - Raigarh (C.G.), for the offence punishable under Section 307 of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.10 17:30:27 +0530 2 the Indian Penal Code 1860. 2. The earlier bail application of the applicant was rejected on merits by this Court vide order dated 19.10.2023 passed in MCRC No. 7337 of 2023. 3. The prosecution case, in brief, is that the complainant namely Premnand Bhoi filed a written report on 04.09.2023, wherein it is stated that his house and the house of the accused adjacent with each other and annexed to his house there is a Nilgiri Tree. Around 11 to 12 years back, when his father was cutting the said tree, the applicant started a fight stating that the tree belongs to him. Thereafter, in the year 2021 also the applicant had fight with the injured. This year on the occasion of Raksha Bandhan. It is further alleged that on 01.09.2023 when the complainant and his family members were cutting the Nilgiri tree, that time the applicant came there to hit them and later on when the complainant's father was coming at that time near the lane of their house, due to previous enmity, assaulted with the axe on stomach, due to which he sustained injuries and was immediately admitted in the Medical College. On the basis of said allegations, an FIR was registered at for offence punishable under Sections 307 IPC 1860. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to previous enmity between the applicant's family and the complainant's family. It is contended that the allegations levelled 3 against the applicant are false, baseless and malicious. Learned counsel further submits that the applicant has been in judicial custody since 09.05.2023 and has undergone a prolonged period of incarceration. Out of the 12 prosecution witnesses cited by the prosecution, only five witnesses have been examined so far, and therefore, the conclusion of the trial is likely to take considerable time. It is also submitted that the applicant is the sole breadwinner of his family and his continued detention is causing severe financial hardship to his dependants. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready to furnish adequate surety and abide by all such terms and conditions as may be imposed by this Hon'ble Court while granting bail. On these grounds, it is prayed that the applicant be enlarged on bail. 5. On the other hand, learned State counsel opposes the bail application and submits that the applicant assaulted the injured with an axe on his abdomen due to previous enmity, causing grievous injuries. It is further submitted that the applicant's first bail application was rejected on merits by this Court. Considering the nature and gravity of the allegations and the material collected during the investigation, learned State counsel submits that the applicant is not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 4 7. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, the fact that this is the second bail application and that the earlier bail application of the applicant was rejected on merits by this Court vide order dated 19.10.2023 passed in MCRC No. 7337 of 2023, and further considering that there is no substantial change in the circumstances thereafter warranting reconsideration of the prayer for bail, this Court is not inclined to enlarge the applicant on bail. Merely because out of the 12 prosecution witnesses, five witnesses have been examined, the same does not constitute a change in circumstances so as to entitle the applicant to the grant of bail. Accordingly, the present bail application deserves to be and is hereby rejected. 8. Accordingly, the second bail application of the applicant - Shoukilal Chouhan, involved in Crime No. 227/2023 registered at Police Station - Pusour, District - Raigarh (C.G.), for the offence punishable under Section 307 of the Indian Penal Code 1860, is rejected. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously within a period of four months from the receipt of receipt of this order in accordance with law, if there is no legal impediment. 10. The Director General of Police, State of Chhattisgarh, as well as the Director General, Medical Health, State of Chhattisgarh, are directed to ensure that the remaining prosecution witnesses 5 appear before the concerned trial Court for the recording of their statements on 23.07.2026. 11. A copy of this order be sent to the Director General of Police, Chhattisgarh, as well as the Director, Health Services, State of Chhattisgarh, through the learned State Counsel for information and necessary action forthwith. 12. Registrar (Judicial) 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 vaibhav