1 CGHC010261632026 2026:CGHC:31189 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6545 of 2026 Mohit Gupta @ Babu Gupta S/o Mohan Gupta Aged About 28 Years R/o Kunwa Chowk, Nandai P.S. Basantpur, District- Rajnandgaon, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Kotwali, Rajnandgaon, District- Rajnandgaon, Chhattisgarh ... Non-Applicant For Applicant : Mr. Mirza Hafeez Baig, Advocate. For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 22.07.2026 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 have been arrested in connection with Crime No.753/2025, registered at Police Station – Kotwali, Rajnandgaon, District- Rajnandgaon (C.G.) for the offence punishable under Sections 109(1), 118(1), 296, 326(f) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act. 2. Earlier bail application of the applicant was rejected on merits by this Court vide order dated 09.04.2026 passed in MCRC No. 3195/2026. 3. The case of the prosecution, in brief, is that the complainant lodged a written report before the concerned Police Station stating that, on the date PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.23 13:20:29 +0530 2 of the incident, an altercation had taken place between one person and an auto-rickshaw driver on the road. At that time, when the complainant, along with his friend, intervened and advised them to stop the quarrel, the present applicant and the other accused persons allegedly assaulted the complainant and his friend with a knife, as a result of which both sustained simple injuries. Based on the said complaint, the police registered Crime No. 753/2025 against the present applicant and the other accused persons for the offences punishable under Sections 109, 118(1), 296 and 326(f) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant's first bail application was rejected on merits by this Court vide order dated 09.04.2026 passed in MCRC No. 3195/2026. Learned counsel further submits that the applicant has been arraigned as an accused merely on the basis of suspicion and false, baseless allegations. It is contended that, as regards the progress of the trial, out of 15 prosecution witnesses, only two prosecution witnesses have been examined before the learned Trial Court, and both have not supported the prosecution case. It is further submitted that the complainant has not identified the present applicant and has denied that the applicant assaulted him. Learned counsel also submits that the applicant has no previous criminal antecedents, the charge-sheet has already been filed, and the applicant has been in judicial custody since 09.12.2025. Since the trial is likely to take considerable time to conclude, it is prayed that the applicant be enlarged on regular bail. 5. On the other hand, learned counsel for the State opposes the bail application and submits that the applicant's first bail application was 3 rejected by this Court on the ground that the applicant had allegedly assaulted the complainants with a button knife, causing grievous injuries. It is further submitted that the material collected during the course of investigation, coupled with the recovery of the weapon of offence, i.e., a button knife, from the possession of the present applicant, prima-facie establishes his involvement in the alleged offence. It is, therefore, contended that no subsequent change in circumstances has occurred warranting reconsideration of the matter, and accordingly, the present bail application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the documents available on record. 7. Considering the facts and circumstances of the case, the nature and gravity of the allegations made against the applicant, and the fact that this is the second bail application filed by the applicant, although the first bail application was dismissed by this Court on merits vide order dated 09.04.2026 passed in MCRC No. 3195/2026, a new ground has now arisen that the applicant has been in judicial custody since 09.12.2025, further out of 15 witnesses, 02 witnesses have been examined, and they have turned hostile, but considering the fact that the applicant had allegedly assaulted the complainants with a button knife, causing grievous injuries, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. 8. Accordingly, the second bail application of the applicant - Mohit Gupta @ Babu Gupta involved in Crime No.753/2025, registered at Police Station – Kotwali, Rajnandgaon, District- Rajnandgaon (C.G.) for the offence punishable under Sections 109(1), 118(1), 296, 326(f) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act, is rejected. 4 9. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial as expeditiously as possible within a period of two months from the date of receipt of a certified copy of this order, if there is no legal impediment. 10. Office 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 Preeti