1 2025:CGHC:14346 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1687 of 2025 Tushar Majumdar S/o Kalyan Majumdar Aged About 30 Years R/o Radhika Vihar Phase 2, Police Station- Sarkanda, District- Bilaspur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station- Tarbahar, Bilaspur, District- Bilaspur, Chhattisgarh ---- Respondent (Cause title is taken from the CIS) ___________________________________________________________ For Applicant : Mr. Dhirendra Prasad Mishra, Advocate For State-Respondent : Mr. Neeraj Sharma, Dy. A.G. ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 25/03/2025 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.333/2024 (correctly mentioned as per FIR) registered at Police Station Tarbahar, District Bilaspur (C.G.), for the offence punishable under Sections 103, 238, 3(5) of BNS. 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 in the present case by the prosecution. He further contended that the applicant has not been involved in the aforesaid crime and only on the basis of suspision, the applicant has been roped in this case. Only on the basis of 3 memorandum statement of the other co-accused, the present applicant has been roped in this case. It is further contended that in the present case, charge sheet has been filed and 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. 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 analyses the statements of witnesses and other facts at this stage and give any conclusion on it. The applicant/accused is 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 applicant/accused, this Court is of 4 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.333/2024 registered at Police Station Tarbahar, District Bilaspur (C.G.), for the offence punishable under Sections 103, 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