1 2025:CGHC:14599 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2403 of 2025 Kartik Sonkar S/o Dipak Sonkar Aged About 25 Years R/o Village Mohara P.S. Basantpur Tahsil And District Rajnandgaon Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Basantpur, District Rajnandgaon Chhattisgarh. ... Non-applicant For Applicant : Ms. Renu Kochar, Advocate For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.03.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 491/2024, registered at Police Station : Basantpur, District- Rajnandgaon (C.G.) for the offence punishable under Section 109 of BNS. 2. The case of the prosecution, in brief, is that on 04.11.2024 the complainant namely Smt Savitri Dewangan lodged a written complaint before the P.S Basantpur, Disitrict Rajnandgaon with the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 averment that on 02.11.2024, the applicant has tried to throw Ashish Dewangan in Shivnath river, further it is alleged that Ashish Dewangan along with Samir Dewangan and Gokul Sonkar went to Shivath river to play and subsequently the applicant with the intention to commit murder threw Ashish Dewangan in the river. After 2 days, there was a written complaint lodged against the applicant and FIR was registered vide crime No. 491/2024 at police station Basantpur District Rajnandgaon under Section 109 of BNS act. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that there is no independent witnesses regarding aforementioned incident and under looking to the facts and circumstances the aforementioned offences have not been made. He further submits that there is delay of 2 days in registration of FIR which makes the case of the prosecution doubtful and there is enmity between parties therefore just to take out the vengeance a false case has been concocted against the present applicant. He also submits that the prosecution has failed to prove the motive or intention on the part of the applicant and further there is no any direct evidence against the applicant according to Dehati Nalshi. He further submits that the eye witnesses are interested witnesses to the case that there has been no incriminating evidence collected by the prosecution instead of a iron rod which does not prove the guilt of accused and the applicant is in jail since 28.01.2025 and the conclusion of the trial is likely to take some time therefore he prays 3 for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the prayer for grant of bail to the applicant and submits the fact that in the present case, charge-sheet has been filed before the competent Court and further from perusal of the case-diary, it appears that Ashish Dewangan (9 years old), his elder brother Sameer Dewangan (12 years old), and neighbor Gokul Sonkar were playing and fishing in the Shivnath River, Mohara. After fishing, Kartik Sonkar, in a fit of rage, threw Ashish Dewangan into the river, with the intention of causing death. Accordingly, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that in the present case, charge-sheet has been filed before the competent Court moreover, the counsel for the applicant states that the applicant has been falsely implicated in the present case on account of enmity between the parties and the said averment has been mentioned in para No. 6.3 in the bail application, which goes to show that is only a vague and bald statement without there being any documentary evidence to show that there was any previous enmity between the parties, hence looking to the seriousness of this case, I am not inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant namely Kartik Sonkar, involved in Crime No. 491/2024, registered at Police 4 Station : Basantpur, District- Rajnandgaon (C.G.) for the offence punishable under Section 109 of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal