1 2025:CGHC:9917 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1559 of 2025 Saksham Pandey S/o Dinesh Pandey Aged About 22 Years R/o Pattharipara, Korba, P.S. Rampur, District - Korba (C.G.), Present Address - Quarter No.-183, Atal Awas Nirtu, P.S. - Koni, District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Police Station Tarbahar, District - Bilaspur (C.G.). ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. S.B. Pandey, Advocate For State-Respondent : Ms. Sunita Manikpuri, Dy. G.A. ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 27/02/2025 1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.333/2025 registered at Police Station Tarbahar, District Bilaspur (C.G.), for the offence punishable under Sections 103(1), 238, 3(5) of BNS. VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.03.01 17:07:16 +0530 2 2. Case of the prosecution, in brief, is that the complainant lodged the report on 28.10.2024 that on 24.10.2024 at about 12:30 night the wife of the complainant Sangita Singh has received a phone call from Indrajeet Yadav and he conversation with Hariom (deceased/Nephew) that uncle, please return Rs.3,50,000/- to loan and they are committing marpit, then he asked who are that person? then, the phone was cut and after some time at about 12.35 night she has received another call from Indrajeet Yadav then Hariom (deceased) told that Suyash, Indrajeet and their another friend have committed Marpit to return back of Rs. 3,50,000/- than complainant told them that ‘I have no money’ instantly and the phone was cut. Thereafter, on the next dated the complainant has inquired from Suyash, then he inform that he (Hariom) was with me at night, but now where he is, ‘I don't know’. Thereafter, next from Torwa Police Station the complaint has received a phone call that his nephew has died in CIMS during treatment. The complainant has informed to the concerned police that Suyash, Indrajeet and their another friend have committed Marpit on the fact of return of money and they have committed murder of Hariom and on the basis of that complaint the concern police has lodged the report and arrest the accused persons. 3. Learned counsel for the applicant contended that the present applicant is innocent person and he has been falsely implicated 3 in the present case by the prosecution. He further contended that the present applicant is a young boy and is a student of B.Tech. 5th semester and on the poor financial condition, he has working in "Be Online Office" as a worker under the Office of Harshit Gauraha who is Owner of Two Wheeler Booking Agency. He furthe contended that as per memorandum of present applicant as well as other co-accused, all accused have stated that, on 24/10/2024 present applicant had left the office at 11.00 p.m. of "Be on time multi service pvt. Ltd." for left the father of Harshit Gouraha/the owner of his shop and he went to his house after leave him. There is no name of present applicant in F.I.R. and named person in F.I.R. are not related with the present applicant, the concern police has not seized any article from the present applicant with relation to committed Marpit or any conversation and alleged motorcycle seized from present applicant is not belonging from present applicant and police has not seized any document with relation motorcycle. It is further contended that in the present case, charge sheet has been filed and there is no requirement of any seizure or statement of present applicant. The applicant is in jail since 28.10.2024 and the trial will take considerable time for its conclusion, therefore the applicant may be released on bail. 4. Learned State Counsel opposes the submissions made by learned counsel for the applicant. 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts of the case, submission made by learned counsel for the parties and further considering that the trial Court finds that, from the observation of the documents attached to the case and the arguments made on behalf of the applicant, prima facie involvement of the applicants/accused in the alleged crime is evident. As far as the statements given by the witnesses to the police during the investigation and other points are concerned, there is lack of evidence, many contradictions and the fact of the role of the applicants is concerned. In this regard, the case is still at the stage of allegation and it does not seem appropriate to analyse the statements of witnesses and other facts at this stage and give any conclusion on it. The applicants/accused are facing trial along with other co-accused. There is an allegation of a serious crime like murder. Therefore, keeping in view the gravity of the allegation and the facts available at this stage in the case, it does not seem appropriate to grant bail to the applicants/accused, this Court is of the opinion that in view of the serious nature of the crime, it does not seem appropriate to grant bail to the applicant/accused, hence, it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant filed under Section 483 of the BNSS, involved in Crime No.333/2025 5 registered at Police Station Tarbahar, District Bilaspur (C.G.), for the offence punishable under Sections 103(1), 238, 3(5) of BNS, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge Vasant