1 CGHC010311032026 2026:CGHC:35625 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7383 of 2026 Purushottam @ Shera Yadav S/o Gautariya Yadav Aged About 26 Years R/o Camp - 01, Behind Teen Darshan Temple, Police Station - Chhawani, District - Durg (C.G.) … Applicant versus State Of Chhattisgarh Through The S. H. O., Police Station Chhawani, Durg (C.G.) ... Non-Applicant For Applicant : Mr. Samdarsh Nirankari, Advocate. For Non-Applicant/State : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.08.2026 1. This is the third bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 436/2024 registered at Police Station - Chhawani, District – Durg (C.G.) for the offence punishable under Sections 109 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The first bail application of the applicant was dismissed on merits by this Court vide order dated 14.11.2025 passed in MCRC No. 9193/2025 and second bail application of the applicant was dismissed for want of prosecution on 09.07.2026 passed in MCRC Nos. 4542/2026. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.08.13 17:08:19 +0530 2 3. Case of the prosecution, in brief, is that on 29.09.2024 at around 23:50 hours, one Atul Yadav came to the house of the complainant, Ashwin Vasnik, and his brother, Pratik Vasnik, and asked them to accompany him near Shiv Mandir. Upon reaching there, one Charnu Rao questioned the complainant as to why he had not recharged the mobile phone of the present applicant. When the complainant responded in a rude tone, Charnu Rao slapped him, whereafter co-accused Rakesh Sahu assaulted him with a steel pipe, and Tusar Nirmalkar hit him with a wooden stamp on his body. When his brother, Pratik Vasnik, intervened, he was also assaulted by the present applicant and Charnu Rao. Thereafter, all the accused persons fled from the spot. F.I.R. bearing Crime No. 436/2024 was registered at Police Station Chhawani, Durg, on 30.09.2024, and charge-sheet bearing No. 491/2024 was filed on 26.11.2024. 4. Learned counsel for the applicant submits that the first bail application filed by the applicant was dismissed on merits by this Court vide order dated 14.11.2025 passed in MCRC No. 9193/2025, while the second bail application was dismissed for want of prosecution vide order dated 09.07.2026 passed in MCRC No. 4542/2026. Therefore, the present third bail application has been filed on the ground that the applicant has been in custody since 30.09.2024 and has remained in jail for more than one and a half years as an undertrial. As regards the status of the trial, out of 13 prosecution witnesses, the statements of only 5 witnesses have been recorded so far. It is further submitted that it is not clear as to who assaulted whom or with what weapon, as the incident occurred at around 11:50 p.m. at night. According to witness Atul Yadav, it was very dark at the place of occurrence and there was no source of light. It is also submitted that the alleged knife used by the present applicant was seized from an open place accessible to all, thereby rendering the alleged 3 recovery doubtful and of little evidentiary value. The charge-sheet has already been filed. In view of the aforesaid circumstances, learned counsel for the applicant prays that the applicant be released on regular bail. 5. On the other hand, the learned counsel for the State opposes the bail application. He further submits that this is the third bail application of the applicant, the first bail application of the applicant was dismissed on merits by this Court vide order dated 14.11.2025 passed in MCRC No. 9193/2025 and second bail application of the applicant was dismissed for want of prosecution on 09.07.2026 passed in MCRC Nos. 4542/2026. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the above submissions made by the learned counsel for the parties and the fact that this is the third bail application of the applicant and the first bail application of the applicant was dismissed on merits by this Court vide order dated 14.11.2025 passed in MCRC No. 9193/2025 and second bail application of the applicant was dismissed for want of prosecution on 09.07.2026 passed in MCRC Nos. 4542/2026, so far as status of trial is concerned, out of 13 prosecution witnesses, statement of 5 witnesses have been recorded, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 8. Accordingly, the third bail application of the applicant- Purushottam @ Shera Yadav filed under Section 483 of BNSS, involved in Crime No. 436/2024 registered at Police Station - Chhawani, District – Durg (C.G.) for the offence punishable under Sections 109 and 3(5) of Bharatiya Nyaya Sanhita, 2023, is rejected at this stage. 9. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of four months 4 from the date of receipt of a certified copy of this order, if there is no legal impediment. 10. The office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti