1 CGHC010334482026 2026:CGHC:38753 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8016 of 2026 Gopi Suryavanshi S/o Late Shri Gyandas Suryavanshi Aged About 31 Years R/o Khamtarai, Atal Chowk, Police Station- Sarkanda, District- Bilaspur, (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Sarkanda, District- Bilaspur, (C.G.) … Non-applicant For Applicant : Mr. Rishi Rahul Soni, Advocate For Non-applicant : Ms. Vaishali Mahilong, Dy.G.A. (Hon’ble Shri Justice Ravindra Kumar Agrawal, J.) Order on Board 01/09/2026 1. This is the second bail application of the applicant. The first bail application of the applicant has been dismissed on merits vide order dated 24.07.2025 passed by this Court in MCRC No. 5232/2025. The applicant, who is arrested on 15.02.2024, in connection with Crime No. SUMIT KUMAR Digitally signed by SUMIT KUMAR Date: 2026.09.02 17:29:54 +0530 2 221 of 2024 registered at Police Station – Sarkanda, District - Bilaspur (C.G.) for the offence under Sections 147, 148, 149, 307 and 302 of IPC, is claiming regular bail. 2. The case of the prosecution is that, on 14.02.2024, at about 11:30 PM, the present applicant and his family members collected the building material and were in the process of flooring of under construction shop, the deceased Pankaj Upadhyay made a comment on the nephew of the present applicant Sahil Suryavanshi, as to why they are working in the night and then, Sahil Suryavanshi started assaulting the deceased Pankaj. Seeing the quarrel between them, the other family members of Sahil Suryavanshi, including the present applicant, also assaulted the deceased by spade, wooden log, axe and hand and fists. The deceased and injured were taken to hospital, where Pankaj Upadhyay died and injured Prem Deepak @ Kallu Sahu was admitted in the hospital. The merg was registered and the postmortem of the dead body was conducted and, in the postmortem, numerous injuries found on the body of the deceased and the doctor opined that the death was homicidal in nature and the injuries are sufficient to cause death in ordinary course of nature. The FIR for the offence under Sections 147, 148, 149, 307 and 302 of IPC has been registered against 06 accused persons including one juvenile in conflict with law. Statements of the eyewitnesses and other witnesses have been recorded and the accused persons have been arrested, thereafter, charge sheet has been filed. 3. Learned counsel for the applicant would submit that out of total 34 cited witnesses, 19 witnesses have already been examined and the eye 3 witnesses, PW-1 and PW-15 have not been duly supported the prosecution's case. PW-1 has not stated anything regarding active participation of the present applicant in the offence in question, whereas the evidence of PW-15 is also shaky with respect to the involvement of the present applicant in the offence in question. He would further submit that the applicant is in jail since 15.02.2024. The similarly situated co-accused Ishwari Suryavanshi has been granted bail by the Hon'ble Supreme Court vide order dated 30.07.2026 passed in SLP (Criminal) Diary No. 40565 of 2026, therefore, the present applicant may also be enlarged on bail. 4. On the other hand, learned counsel appearing for the State opposes and have submitted that there is allegation against the present applicant that he also participated in the assault made upon the deceased Pankaj Upadhyay and also assaulted the injured Prem Deepak alias Kallu. The trial is in progress and out of 34 witnesses, 19 witnesses have already been examined, the first bail application of the applicant has already been rejected on merits, therefore, the applicant may not be enlarged on bail. 5. I have heard learned counsel for the parties and perused the document annexed with this petition. 6. From perusal of the order dated 24.07.2025 passed in MCRC No. 5232/2025, it transpires that the first bail application of the applicant has already been rejected on merits and on that date, the eye witness PW-1 Prem Deepak Sahu has already been examined. Thereafter, another eye witness PW-15 Ajay Kumar has been examined on 05.06.2026, who also deposed about presence of the present applicant 4 on the spot armed with weapon. Since the 19 witnesses have already been examined, the first bail application of the applicant has already been rejected on merits, I do not find any change in circumstance and the trial is at its advance stage. 7. Accordingly, the second bail application of the applicant Gopi Suryavanshi is dismissed at the motion stage itself. Sd/- (Ravindra Kumar Agrawal) JUDGE Sumit