1 2026:CGHC:20512 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2981 of 2026 Jitendra Nishad @ Jeetu S/o Dhiraj Nishad Aged About 19 Years R/o Mohbhatta Para P.S. Tilda- Nevra Distt- Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Police Station Tilda Nevra Distt- Raipur (C.G.) ---- Non-applicant(s) For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-Applicant : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.05.2026 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 280/2025 registered at Police Station- Tilda-Nevra, District Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 118(2), 109(1) read with Section 3(5) of B.N.S. and Section 25 and 27 of Arms Act. 2. Earlier the First bail application of the applicant being MCRC No. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 9363/2025 was rejected by this Court vide order dated 25.11.2025, on merits. Hence, this second bail application. 3. As per the prosecution case, on 27.06.2025, the complainant Sameer Pal, along with his brother-in-law Ajay Dewar, had gone to the BNB School ground at Meena Bazaar. At about 7:30 PM, while they were returning after purchasing goods, the applicant/accused, Jitu @ Jitendra Nishad, intercepted them and questioned the complainant as to why he had come there. On this issue, the accused, along with his associates, started abusing and assaulting the complainant. During the incident, the accused Jitu @ Jitendra Nishad allegedly attacked the complainant and his brother-in-law Ajay Dewar by sharp knife with the intention to kill them. Both injured persons were taken to the Government Hospital, Tilda, for treatment. On the basis of the report, the present offence has been registered. The applicant/accused has been arrested and since then he is in judicial custody. 4. Learned counsel for the applicant submits that the earlier bail application of the applicant being MCRC No. 9363/2025 was rejected by this Court vide order dated 25.11.2025 and the present is the second bail application filed on new grounds that there is a material change in circumstances as all the prosecution witnesses have already been examined, including the injured witnesses Ajay Dewar and Sameer Pal, whose statements have been recorded and both have turned hostile. It is further submitted that the applicant is innocent and has been falsely implicated in the present case and has no role in the commission of the alleged offence further the case has arisen out of a misunderstanding and a local dispute and the prosecution story is exaggerated. Even as per the prosecution version, the incident 3 occurred suddenly on account of a verbal altercation without any premeditation or prior meeting of minds. The applicant has been in judicial custody since 29.06.2025 and has already undergone a substantial period of incarceration, and therefore, further detention would serve no useful purpose. It is also submitted that co-accused Preet Sahu has already been granted bail by this Court in MCRC No. 8273/2025 vide order dated 15.10.2025 and the case of the present applicant stands on a similar footing. There is no specific role attributed to the applicant, no material evidence connecting him with the alleged offence, and the entire prosecution case is based on mere assumptions and conjectures; hence, the applicant deserves to be enlarged on bail. 5. On the other hand, learned counsel for the State opposes the bail application and submits that the first bail application of the applicant has already been rejected by this Court in MCRC No. 9363/2025 vide order dated 25.11.2025, and there is no substantial change in circumstances warranting reconsideration of the same. It is further submitted that the applicant is involved in a serious offence and there are specific allegations against him regarding assault upon the complainant and the injured persons. Merely because some witnesses have turned hostile does not demolish the prosecution case at this stage, as the trial Court is yet to appreciate the entire evidence on record. The nature and gravity of the offence, as well as the manner in which the incident occurred, clearly reflect the active involvement of the applicant. It is also contended that if released on bail, there is every likelihood that the applicant may influence witnesses or tamper with evidence. Therefore, considering the seriousness of the offence 4 and the overall facts and circumstances of the case, the applicant is not entitled to be enlarged on bail and the present application deserves to be rejected. 6. Considering the facts and circumstances of the case, nature and gravity of the offence levelled against the applicant and further the fact that the first bail application of the applicant has already been rejected by this Court in MCRC No. 9363/2025 vide order dated 25.11.2025 and no substantial change in circumstances has been made out and the ground now taken by the applicant that the injured witnesses have turned hostile cannot by itself be a decisive factor at this stage as the entire evidence is yet to be appreciated by the trial Court, coupled with the possibility of tampering with evidence and influencing witnesses if the applicant is released on bail, this Court is not inclined to grant bail to the applicant. 7. Accordingly, the second bail application of the applicant- Jitendra Nishad @ Jeetu, filed under Section 483 of the BNSS, involved in Crime No. 280/2025 registered at Police Station- Tilda-Nevra, District Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 118(2), 109(1) read with Section 3(5) of B.N.S. and Section 25 and 27 of Arms Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal