2025:CGHC:10904 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1769 of 2025 Ashish Kumar Dhankar S/o Janak Lal Dhankar Aged About 18 Years R/o Gadariyapara, Doundi, P.S. Doundi, Distt. Balod, Chhattisgarh ... Applicant(s) versus State of Chhattisgarh Through, P.S. Doundi, District Balod, (C.G.) . --- Respondent For Applicant : Mr. BP Singh, Advocate. For State/Respondent : Ms. Sunita Manikpuri, Dy. GA. Hon'ble Shri Justice Arvind Kumar Verma Order On Board 05/03/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.37/2025, registered at PS -Doundi, District Balod, (C.G.), for commission of offence punishable under Sections 103, 3(5), 115(2) of BNS. 2. Case of prosecution, in brief, is that on 03/11/2024, complainant namely Chitranjan lodged report to the concerned police station stating that when Chandan and Mohammad were convincing to Akash Bhojraj and present applicant (Ashish), suddenly Akash has thrown a piece of brick towards the Mehul by which the Mehul received grievous hurt and become unconscious and thereafter he was taken to the hospital and where the doctor has declared him died. Complainant further stated that present applicant has also committed marpit with the Akash, Shivam and Rupesh Dhankar to which, they received injuries. Based upon report, FIR was lodged and present applicant has been arrested in the aforesaid crime/offence. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in the case, he has not committed any offence as alleged against him. At the time of alleged incident, Mehul (deceased) has provoked Akash to which Akash has thrown the piece of bricks towards the Mehul and accidentally Mehul suffered injuries and thereafter died. There is no allegation against present applicant that he has committed marpit with the deceased, even present applicant has tried to stop the quarrel between Mehul and Akash. The present applicant was also beaten by the Shivam. The complainant was not present at the time of incident, therefore, he has not seen the alleged incident. In the charge sheet, there is no any evidence against the present applicant that he has assaulted the deceased. The present applicant is only 18 years of age and studying in the college. There is no any other previous criminal antecedents against the applicant, he is in jail since 04.11.2024, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that there is specific allegation against the applicant of committing aforesaid offence/crime, hence, he is not entitled for grant of regular bail. 5. Heard learned counsel for the parties. 6. Considering facts of the case, nature of allegations, submission of learned counsel for the parties, particularly the fact that some dispute took place between the parties on the date of alleged incident and all of sudden, Akash has thrown the piece of bricks towards the Mehul to which he suffered injuries and thereafter died, further considering the involvement of this applicant in the alleged dispute/crime, there is no any other criminal antecedent against the applicant, charge-sheet has already been filed, detention period of applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 7. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that- a) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. b) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) Applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.