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2026 DAILYLAW 3324 (CHH)

SANAD KASHYAP v. STATE OF CHHATTISGARH

MCRC/277/2026 · 2026-01-14

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Judgment text

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1 2026:CGHC:2446 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 277 of 2026 Sanad Kashyap S/o Baldaou Prasad Kashyap, Aged About 37 Years R/o Matachoura, Sarkanda, Police Station Sarkanda, District Bilaspur C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House O-cer, Police Station Sarkanda, District Bilaspur C.G. ---- Non-applicant(s) For Applicant : Mr. Bharat Rajput, Advocate. For Non-Applicant : Ms. Anusha Naik, Deputy Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/01/2026 1. This is the Second bail application 3led under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 53/2025 registered at Police Station, Sarkanda, Bilaspur, District Bilaspur (C.G.), for the o:ence punishable under Sections 109 of Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of Arms Act. 2. The earlier bail application of the applicant has already been rejected by this Court being MCRC No. 4308/2025, vide order KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 dated 30.06.2025 on merits. Hence, this second bail application. 3. Case of the prosecution, in brief, is that the complainant Pradeep Kashyap lodged a report at Police Station, Sarkanda to the e:ect that his elder sister (injured) was living in relationship with the applicant at Bangalipara, Sarkanda. On 10.01.2025 at about 8.00 PM, the injured called the complainant through phone and informed that the applicant is assaulting with her. On the basis of said information, the complainant along with his younger sister went to the place of incident, where he came to know that the injured has been sent to CIMS Hospital, Bilaspur for treatment, upon which, the complainant went to CIMS Hospital for treatment of his sister (injured) and the injured informed that the applicant has assaulted with her with the help of knife. On the basis of said report, the alleged o:ences have been registered against the applicant. 4. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in this case. He further submits that the 3rst bail application of the applicant was rejected by this Court being MCRC No. 4308/2025, vide order dated 30.06.2025 on merits, hence this second bail application and the new ground for 3ling of the same is that in the present case, 6 prosecution witnesses have been examined out of 12 prosecution witnesses and the statement of the victim has not yet been recorded and the applicant is in jail since 16.01.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State counsel appearing for the 3 State/non-applicant would oppose the bail application and submitted that the earlier bail application of the applicant has already been rejected by this Court being MCRC No. 4308/2025, vide order dated 30.06.2025 on merits. Hence, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, the nature and gravity of the o:ence levelled against the applicant, and further the fact that the 3rst bail application of the applicant was rejected by this Court in MCRC No. 4308/2025, vide order dated 30.06.2025, on merits, the present application is the second bail application. The new ground urged for 3ling the present application is that, in the present case, six prosecution witnesses out of twelve have been examined and the statement of the victim has not yet been recorded. However, while rejecting the 3rst bail application, this Court had taken into consideration the fact that the victim had sustained 18 grievous injuries on her person and the injuries sustained by the injured/victim were very serious in nature. In the absence of any substantial change in circumstances or any new ground being made out in the present application, this Court is of the view that the applicant is not entitled to be released on bail in the present case. 8. Accordingly, the Second bail application of the present applicant- Sanad Kashyap involved in Crime No. 53/2025 registered at Police Station, Sarkanda, Bilaspur, District Bilaspur (C.G.), for the 4 o:ence punishable under Sections 109 of Bhartiya Nyaya Sanhita, 2023 and Section 25 and 27 of Arms Act, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. O-ce is directed to send a certi3ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal