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2026 DAILYLAW 26784 (CHH)

MOHAMMAD SOHAIL RAZA v. STATE OF CHHATTISGARH

MCRC/6237/2026 · 2026-07-13

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Judgment text

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1 CGHC010256462026 2026:CGHC:29632 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6237 of 2026 Mohammad Sohail Raza S/o Mohd. Haroon Aged About 30 Years R/o Station Para, Ward No. 10, Distt- Rajnandgaon (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through S H O, P.S. Kotwali Distt- Rajnandgaon (C.G.) ---- Non-applicant(s) For Applicant : Mr. Pranav Tiwari, Advocate. For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/07/2026 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. 338/2025 registered at Police Station- Kotwali, District Rajnandgaon (C.G.), for the offence punishable under Sections 191(2), 191(3), 190 and 109 of the BNS, 2023 and Section 25/27 of the Arms Act. 2. Earlier the First Bail application of the applicant being MCRC No. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 549/2026 was dismissed as withdrawn by this Court vide order dated 15.01.2026. Hence, this second bail application. 3. Learned counsel for the applicant submits that the first bail application was dismissed as withdrawn by this Court and was not rejected on merits. He further submits that the applicant has assaulted the injured by knife on account of which the injured sustained injuries. There are six accused persons in the present case, including the applicant. Out of them, three co-accused have already been granted bail by the trial Court, including the co- accused against whom the specific allegation of causing knife injuries has been made, whereas the other two co-accused, against whom only allegations of assault by hands and fists have been levelled, have also been enlarged on bail by the trial Court. It is also submitted that the statement of the injured has already been recorded before the trial Court and he has not supported the prosecution case against any of the accused persons. On the aforesaid grounds, learned counsel prays for grant of bail. 4. From perusal of the record, it appears that the present bail application suffers from certain defects, as pointed out by the Registry. However, despite the lapse of sufficient time, no steps have been taken by the applicant to cure the said defects. 5. During the course of hearing, this Court specifically queried the learned counsel for the applicant regarding the bail orders passed in favour of the three co-accused, particularly the co-accused against whom the specific allegation of causing knife injuries has been made. However, learned counsel for the applicant was unable to 3 produce the said bail order or furnish any satisfactory explanation in that regard. 6. In view of the aforesaid and considering that the applicant has neither cured the defect pointed out by the Registry nor placed on record the bail order passed in favour of the similarly situated co- accused, particularly the co-accused against whom the allegation of causing knife injuries has been levelled, this Court is not inclined to entertain the present bail application. 7. Accordingly, the present bail application is dismissed on these grounds, with liberty to the applicant to file a fresh bail application after rectifying all the defects, as per the Rules and after placing on record the relevant bail orders passed in favour of the co-accused. 8. The Registry is directed to return the certified copy of the impugned order, if filed along with the present bail application, to the learned counsel for the applicant after retaining a photocopy thereof on record. - Sd/- (Ramesh Sinha) Chief Justice Kunal