1 CGHC010317892026 2026:CGHC:39835 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8350 of 2026 1 - Rahul Kushwaha S/o Anil Kushwaha, Aged About 30 Years Permanent R/o - Rajbandha, Post - Salka, P.S. - Udaipur District - Sarguja (C.G.) Present Add - Village - Ganeshpur C/o Palash Rai, P.S. - Jainagar District Surajpur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through - Aarakshi Kendra Jainagar, District - Surajpur (C.G.) ... Respondent For Applicant : Mr. Gyan Prakash Shukla, Advocate. For Respondent/State : Mr. Rohitashva Singh, Dy. G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 11 / 09 / 2026 1. The accused/applicant has moved this Second bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 258/2025 registered at Police Station – Jainagar, District – Surajpur (C.G.) for the offence punishable under Section 103(1) of BNS. 2. The first bail application of the applicant was dismissed on merit on 30.03.2026 in MCRC No. 2588 of 2026. Digitally signed by HEERA LAL SAHU Date: 2026.09.11 15:51:04 +0530 2 3. As per the prosecution’s case, it is alleged that on 25.10.2025, when the deceased, Surmila, took a ride in the auto-rickshaw of the accused/applicant, the accused attempted to establish sexual relations with her, and when she resisted his advances, the applicant/accused committed the murder of Surmila (wife of the complainant). Based on this offence has been registered against the present applicant. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He also submits that, out of 21 listed witnesses, none had been examined when this Court decided the applicant's first bail; to date, only 6 witnesses have been examined. Therefore, the trial Court may be directed to expedite the trial. The applicant is in jail since 30.10.2025, and there is no likelihood of his case being decided in the near future; therefore, the present applicant may be released on bail. 5. On the other hand, learned counsel for the State opposes the bail application and submits that the memo and seizure witnesses, namely Vijay (PW-3) and Basant (PW-4) have supported the case of the prosecution. He also submits that the applicant committed a heinous offence, that sufficient material is available on record, the first bail of the applicant has already been decided on merits, and therefore, at this stage, he may not be enlarged on bail. 6. I have heard learned counsel for the parties and perused the case diary. 3 7. Considering the entire facts and circumstances of the case, particularly looking to the material available on record, there is no change in circumstances to warrant the grant of bail to the applicant; as such, I am not inclined to release the applicant on bail at this stage. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected. 8. However, considering the fact that the applicant is in jail since 30.10.2025 and only 6 witnesses out of 21 listed witnesses have been examined till date, the concerned trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu