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2026 DAILYLAW 27474 (CHH)

HARSH MAHANAND @ CHHOTU v. STATE OF CHHATTISGARH

MCRC/6292/2026 · 2026-07-14

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Judgment text

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1 CGHC010267722026 2026:CGHC:29946 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6292 of 2026 Harsh Mahanand @ Chhotu S/o Shri Teju Mahanand Aged About 21 Years R/o House No. 1161, R.V.H. Colony, School Para, P.S. Khamtarai, Distt. Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. P.S. Khamtarai, Distt. Raipur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Akash Mishra, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.07.2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 1104/2025 registered at Police Station Khamtarai, Distt. Raipur (C.G.) for the offence punishable under Sections 296, 2 351(2), 115(2), 109 of BNS and Sections 25, 27 of the Arms Act. 2. Case of the prosecution, in brief, is that on the intervening night of 14/15.10.2025, while the complainant Shubh Kumar and his friends were celebrating a birthday at the W.R.S. Colony Railway Institute, the present applicant/accused allegedly arrived at the spot, abused them, threatened to kill them, and thereafter assaulted injured Saroj Bag with a button-operated iron knife, inflicting a grievous stab injury on his abdomen and another injury near his ear. Injured Daksh Behra also sustained an injury near his ear during the incident. The injured was immediately shifted to the hospital, where he underwent surgical treatment for serious intestinal injuries. During investigation, the applicant was arrested and, pursuant to his memorandum statement, the alleged weapon of offence and his blood-stained shirt were seized. Consequently, offences under Sections 296, 351(2), 115(2) and 109 of the Bharatiya Nyaya Sanhita, 2023, along with Sections 25 and 27 of the Arms Act, were registered against him, and after completion of investigation, the charge-sheet has been filed. 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 06.02.2026 passed in MCRC No.1328 of 2026, therefore this second bail application is filed on the ground that the material witnesses, including the injured, have already been 3 examined before the trial Court and, despite the lapse of more than eight months, only five out of the sixteen prosecution witnesses have been examined, indicating that the trial is likely to take considerable time to conclude. Furthermore the cross- examination of the prosecution witnesses reveals that the applicant has been falsely implicated and that the actual dispute had taken place between Daksh Behera and the injured, the charge-sheet has already been filed in the present case and the applicant is in jail since 15.10.2025, 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 the applicant is alleged to have assaulted the injured with a button-operated knife, causing a grievous and life-threatening abdominal injury with the intention to kill, and therefore, the applicant is not entitled to be enlarged on 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 06.02.2026 passed in MCRC No. 1328 of 2026 on the ground that the specific overt act attributed to the applicant of inflicting a knife blow on the abdomen of the injured, resulting in grievous and life-threatening 4 injuries requiring surgical intervention, the prima facie material available in the case diary discloses the active involvement of the present applicant in the commission of the alleged offence, further there appears to be no good ground to entertain the present second bail application of the applicant. 7. 7. Accordingly, the second bail application of the applicant-Harsh Mahanand @ Chhotu, involved in Crime No. 1104/2025 registered at Police Station Khamtarai, Distt. Raipur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 109 of BNS and Sections 25, 27 of the Arms Act, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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