1 2025:CGHC:17034 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2475 of 2025 • Harishchandra Nishad S/o Pilaram Nishad Aged About 22 Years R/o Village- Kachlon, Ward No. 15 Police Station Simga District- Balodabazar (C.G.) ... Applicant Versus • State Of Chhattisgarh Through - Station House Officer, Out Post Smriti Nagar, Police Station Supela, District- Durg (C.G.) ... Non-Applicant For Applicant : Mr. Aditya Bhardwaj, Advocate For Non-Applicant/State : Mr. Pramod Shrivastava, Deputy Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 11/04/2025 1. The applicant has preferred this first bail application under Section 483 of the Bhartiya Nagrik Suraksh Sanhita, 2023 as he is in jail since 02.11.2022 in connection with Crime No. 1101/2022 registered in out post Smriti Nagar, Police Station Supela, District Durg (C.G.), for the offence punishable under Sections 302, 201, 120-B, 364, 342, 147, 148 and 109 of IPC. 2. As per prosecution story, a missing complaint was lodged by Nitesh Dehre brother of deceased- Nilesh Dehre on 17.10.2022. The police during investigation on the basis of last mobile location of the deceased took into custody six persons namely- Amardeep @ Montu, Digitally signed by RAMESH KUMAR VATTI 2 Manish Rao, Bhupad Sahu, Varun Sonkar, Bhojram Nishad and Harendra @ Fokli on 02.11.2022. These persons on their memorandum statements admitted the fact that Nilesh Dehre was murdered by them on 07.10.2022. It was also informed that they kidnapped the deceased and thereafter committed murder by means of rod etc. During investigation, the police recorded statements of Ramkrishna Sahu, driver of the vehicle and one cook namely Ghanshyam Nishad, who was in company of the accused persons under Section 164 Cr.P.C. After investigation, the police filed charge sheet and case is pending before the VIIIth Additional Sessions Judge, Durg. 3. Mr. Aditya Bhardwaj, learned counsel appearing for the applicant would submit that most of the prosecution witnesses have been examined by the learned trial Court and the applicant is in jail from 02.11.2022, therefore, he may be enlarged on bail. 4. On the other hand, Mr. Pramod Shrivastava, learned Deputy Government Advocate appearing for the non-applicant/State would oppose. He would submit that there is involvement of the present applicant in commission of the offence. He would contend that the applicant was in company of the other accused persons. He would further submit that there are 37 witnesses out of which only 09 have been examined. He would submit that the applicant actively participated in disposal of parts of dead body of the deceased, therefore, the bail application deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the fact that there are allegations against the present applicant in commission of offence of murder and non- involvement of the applicant cannot be ruled out at this stage, therefore, no case is made out for grant of bail to the applicant. 7. Consequently, the bail application is dismissed. Sd/- (Rakesh Mohan Pandey) Judge vatti