Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:4707
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 909 of 2026 Lakhan Miri S/o Dharamdas Miri Aged About 23 Years R/o Satnamipara, Barauda, P.S. Vidhan Sabha, District Raipur Chhattisgarh
... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Vidhansabha, Raipur District Raipur Chhattisgarh
... Respondent(s) For Applicant(s) : Mr. C.R. Sahu, Advocate. For Respondent(s) : Ms. Anusha Naik, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.01.2026
1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 292/2025 registered at Police Station Vidhansabha, Raipur District Raipur (C.G.) for the offence punishable under Sections 109, 296, 191(2), 191(3) of BNS and Section 25, 27 of Arms Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
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2. Case of the prosecution, in brief, is that the complainant lodged a report at Police Station Vidhansabha, Raipur, stating that on the date of the incident a minor dispute arose between the accused persons and the injured. Subsequently, the accused persons allegedly assaulted the injured, as a result of which the injured sustained simple injuries. On the basis of the said report, the police registered Crime No. 292/2025 against the present applicant and other co-accused for the offences punishable under Sections 109, 296, 191(2) and 191(3) of the Bharatiya Nyaya Sanhita, along with Sections 25 and 27 of the Arms Act. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 19.08.2025 in MCRC No.6516 of 2025, therefore this second bail application is filed on the ground that since out of 18 prosecution witnesses, 5 have been examined including the injured and the injured has not supported the prosecution case, hence, turned hostile, further the charge-sheet has already been filed in the present case and the applicant is in jail since 13.06.2025, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant, along with the co- accused persons, assaulted the injured with a knife, as a result of
3 which the injured sustained fifteen incised wounds on his person and also underwent surgery.
Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the above submissions made by the learned counsel for the applicant, as the injured has turned hostile, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 7. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 19.08.2025 in MCRC No. 6516 of 2025 on the ground that the applicant, along with co-accused persons, assaulted the injured with knife, as a result of which, the injured sustained fifteen incised wounds on his person and also underwent surgery, further there appears to be no good ground to entertain the present bail application. As such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the second bail application of the applicant - Lakhan Miri, involved in Crime No. 292/2025 registered at Police Station Vidhansabha, Raipur District Raipur (C.G.) for the offence punishable under Sections 109, 296, 191(2), 191(3) of BNS and Section 25, 27 of Arms Act, is rejected. 4
9. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. -
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE Akhil