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2026 DAILYLAW 4234 (CHH)

BHAV SINGH UIKEY v. STATE OF CHHATTISGARH

MCRC/2622/2026 · 2026-04-08

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Judgment text

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1 2026:CGHC:16425 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2622 of 2026 Bhav Singh Uikey S/o Shri Shivprasad Uiky, Aged About 30 Years R/o - Vill- Mardel, P.S. Bhanupratappur, Dist- North Bastar Kanker (C.G.) ... Applicant versus State of Chhattisgarh Through- S.H.O. P.S. Bhanupratappur, Dist- North Bastar Kanker (C.G.) ... Non-Applicant For Applicant : Mr. Ravindra Sharma, Advocate. For Non-Applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.04.2026 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. 114/2024 registered at Police Station - Bhanupratappur, District - North Bastar Kanker (C.G.) for the offence punishable under Sections 307 and 457 of the Indian Penal Code. 2. The first bail applications of the applicant was dismissed on merits by this Court vide order dated 05.09.2024 passed in MCRC No. 6218/2024 and second bail of the applicant was dismissed as withdrawn by this Court vide order dated 19.03.2025 passed in MCRC No. 2179/2025. 3. Case of the prosecution, in brief, is that the daughter of the victim, Hirau PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.10 16:48:31 +0530 2 Ram Uikey, lodged a written complaint stating that on the intervening night of 29–30.05.2024, an unknown person entered her house and caused injuries to her father, as a result of which he sustained grievous head injuries. It is further alleged that her father was performing the duties of a priest, and due to this, some villagers were unhappy with him. On 29.05.2024, after having dinner, all the family members went to sleep. On 30.05.2024, at about 05:00 AM, when the complainant woke up and came outside her room, she saw her father lying on the bed in an unconscious condition with head injuries caused by an unknown person. Thereafter, the complainant called an ambulance and, with the help of villagers, took him to the hospital for treatment. On the basis of the complaint, Police Station Bhanupratappur, District North Bastar Kanker (C.G.), registered Crime No. 114/2024 for the alleged offences punishable under Sections 307 and 457 of the I.P.C. against an unknown person and during the investigation, the applicant has been arrested on 02.06.2024. 4. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the FIR was lodged against an unknown person on 01.06.2024, and the applicant was arrested on 02.06.2024 merely on the basis of suspicion. Learned counsel further submits that the statements of all the prosecution witnesses have been recorded, including those who did not support the prosecution case. It is also submitted that the statement of the applicant is fixed for 13.04.2026. The applicant has no previous criminal antecedents and has been in judicial custody since 02.06.2024. Therefore, it is prayed that the applicant be released on regular bail. 5. On the other hand, the learned counsel for the State opposes the bail application and submits that this is the third bail application of the 3 applicant. She further submits that the first bail application of the applicant has been rejected on the ground that the injured person, namely, Hirau Ram Uikey, has been assaulted by the applicant by axe on his head and as per the CT scan of head which was conducted goes to show that he has received fracture on his left temporal bone and also injuries was found to be grievous in nature, hence, this bail application is liable to be rejected. 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 first bail applications of the applicant was rejected by this Court on the ground that the injured person, namely, Hirau Ram Uikey, has been assaulted by the applicant by axe on his head and as per the CT scan of head which was conducted goes to show that he has received fracture on his left temporal bone and also injuries was found to be grievous in nature, also considering the fact that the statements of all the prosecution witnesses have been recorded, including those who did not support the prosecution case, further the statement of the applicant is fixed for 13.04.2026, it appears that the trial is at the verge of completion, this Court is of the view that the applicant is not entitiled to be released on bail in this case. 8. Accordingly, the third bail application of the applicant- Bhav Singh Uikey filed under Section 483 of BNSS, involved in Crime No. 114/2024 registered at Police Station - Bhanupratappur, District - North Bastar Kanker (C.G.) for the offence punishable under Sections 307 and 457 of the Indian Penal Code, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 4 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