1 2025:CGHC:16788 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2153 of 2025 Nikil @ Ashu Tiwari S/o Raju Tiwari Aged About 24 Years R/o Village Amasivni P.S. Vidhansabha, Distt. - Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Sho Vidhansabha P.S. District - Raipur Chhattisgarh ... Respondent For Applicant : Mr. Niraj Baghel, Advocate For Respondent/State :Mr. Jitendra Shrivastava, Deputy Govt. Advocate along with Mr. Swajeet Singh Ubeja, Panel Lawyer Hon'ble Shri Justice Arvind Kumar Verma Order on Board 09.04.2025 1. The applicant has preferred this first bail application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No. 709 of 2024, registered at Police Station- Vidhansabha, District Raipur (C.G.) for the offence punishable under Section 103(1), 190, 109, 191(3) of the Bhartiya Nyaya Sanhita, 2023. 2 2. Brief facts of this case are that, on 18.11.2025 at about 6PM deceased Rohit Sagar along with his friends Sahdev Soni, Ram Sona, Deepak Soni and Harish Sahu was drinking at AmaSivani Wine Ahata. At the relevant point of time, Harish Sahu and Rohit Sagar started quarreling and pushing each other. Narendra , friend of Harish Sahu came in between to resolve the matter. Thereafter Sonu Sahu went to the village and called his eight to ten friends and told them about the incident. They took knife and sticks and went to the Wine Ahata where Narendra stabbed Rohit Sagar with a knife as of which Ram Sagar and other two people got injured. Ram Sagar was declared dead while getting treated at the hospital whereas the other two persons received treatment at the same hospital. 3. Learned counsel for the applicant contended that, the applicant is innocent and he has been falsely implicated in the alleged crime, he has not committed any offence as alleged against him. He further contended that nothing has been seized from the present applicant. He has been implicated on the basis of memorandum statement of the co-accused. Even the presence of the applicant is not verified in the CCTV footage. The applicant is languishing in jail since 13.01.2025. He is ready to furnish adequate security and shall abide by all the directions 3 and conditions which may be imposed by this Court while granting bail. 4. Per contra, learned counsels for the State opposes the bail application submitted by the applicant by stating that there is an active role of the applicant in the present case and all the incriminating circumstances of the case are somehow shows the involvement of the present applicant. 5. I have heard learned counsel for the parties, perused the case and other materials available on record. 6. Taking into consideration the facts and circumstances of the case and further considering the nature of offence, particularly to the fact that there is an involvement of the applicant in the murder of the deceased Rohit Sagar. As per the post mortem report Rohit Sagar received ten injuries out of which two injuries were caused on the vital parts of the body. Also there were three eye witnesses at the time of incident i.e. Sehdev Soni, Ram Sona and Deepak Soni, who has taken the name of the present applicant for the commission of the murder of the deceased therefore , this court is of the considered opinion that the present case is not a fit case for allowing the first bail application of the applicant. 7. Accordingly, the present MCRC stands rejected. 4 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. sd/- (Arvind Kumar Verma) Judge alfiza