1 2025:CGHC:1618 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 185 of 2025 1 - Ayur Thote S/o Late Bhagwan Thote Aged About 21 Years R/o Village Raji Dahigaon Ward No.01, Near Bajrang Chowk, Police Station Jawahar Nagar, Bhandara, District- Bhandara, Maharashtra.............(Complete Address Not Legible/mentioned In The Order Sheet) ... Applicant Versus 1 - State Of Chhattisgarh Through The Police Station Bagnadi, District- Rajnandgaon, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Tanuj Patwardhan, Advocate For Non-Applicant : Mr. Santosh Soni, Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 10/01/2025 1. This is the second bail application. The first bail application was dismissed on merits vide order dated 02.08.2024 in M.Cr.C. No. 5066/2024. 2. This bail application is filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 13/2024 registered at Police Station – Bagnadi, District – Rajnandgaon, Chhattisgarh for the offences punishable under Sections 307, 302, 120 (B), 34 of the Indian Penal Code, 1860 and under Sections 4, 6 & 10 of the Chhattisgarh SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 Agriculture Cattle Preservation Act, 2004 and under Section 11 (1) (d), 11 (1) (f) of the Prevention of Cruelty to Animals Act, 1960. 3. Case of prosecution is that, on 08.02.2024 Yodarao Pal received a phone call from the Mayur Sawarkar asking him to get the four wheeler vehicle passed through the territory of Chhattisgarh. In the night about 01:00 A.M., again Applicant No. 4 gave mobile call to load the pick-up vehicle with the cattle at about 2:30 A.M., applicant Ayur Thote driving the vehicle crossed Bihari Dhaba while driving when the police person tried to intercept the vehicle he was dashed by applicant, due to which police person suffered grievous injuries and died. Aforementioned, crime was registered against applicant and he was arrested on 10.02.2024. 4. Learned counsel for the applicant submit that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits that after rejection of the first bail application, all the material witnesses have been examined and they have not supported the case of prosecution. He submits that the other co-accused person have been enlarged on bail. Applicant is in jail since 10.02.2024. Hence, he may be enlarged on bail. 5. On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant and would submit that the allegation of driving and dashing the vehicle and dashing of the deceased person is against the applicant. The deposition which is filed along with the bail application in particular, the deposition of P.W. 1, P.W. 2 and P.W. 3 would show that the deceased was dashed by the vehicle which was driven by the applicant. 6. I have heard learned counsel for the respective parties. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, I do not find present to be a fit case to admit the application for grant of bail. 3 8. Accordingly, the bail application for grant of bail is dismissed at the admission stage. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey