1 2025:CGHC:16597 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2750 of 2025 Likhendra Sahu S/o Tulsi Ram Sahu Aged About 39 Years R/o Loharidih, Police Station And Tahsil- Rengakhar Kala District- Kabirdham (C.G.) ...Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Rengakhar Distt. - Kabirdham (C.G.) ... Respondent For Applicant : Mr. Hemant Kesharwani, Advocate For Respondent/State : Mr. Jitendra Shrivastava, Deputy Govt. Advocate along with Mr. Neeraj Sharma, Deputy Advocate General Hon'ble Shri Justice Arvind Kumar Verma Order on Board 08.04.2025 1. The applicant has preferred this Second bail application under Section 483 of the BNSS, 2023 for grant of bail as he has been arrested in connection with Crime No. 65 of 2024, registered at Police Station- Rengakhar, District Kabirdham (C.G.) for the offence punishable under Section 103(1), 103(2), 238(a ), 191(2), 191(3), 189(4)(5), 332(a). 324(6), 287, 2103(3), 2 326(g), 61(2)(a), 115(2) of BNS, 2023. First bail application of the present applicant was dismissed as withdrawn vide order dated 25.02.2025 by this court in MCRC No 1243 of 2025. 2. Brief facts of this case are that, Vinod Kumar Sahu lodged the FIR alleging that one Shiv Prasad Sahu who committed suicide, it was alleged by applicants side that , the complainants have murdered Shiv Kumar and hang the body at MP State, over the above allegation on 15.09.2024 at about 40-50 persons forcefully entered the house of the complainant, set the motorcycle on fire, it was alleged that the present applicant was also there. On the basis of said complaint the matter was registered before the concerned police station and thereafter, investigation initiated. After completion of the entire investigation, charge-sheet was filed against the accused persons. The present applicant has been arrested on 16.09.2024. 3. Learned counsel for the applicant contended that, the applicant is innocent and he has been falsely implicated in the instant case. At the time of incident he was not there and he has gone to some village for the funeral ceremony of deceased Shiv Prasad. In order to prove the same, the applicant filed a photograph as Annexure A/3. The only thing seized from the possession of the present applicant was 40 kg of paddy. He also contended that similar nature of offence has been registered 3 against the co-accused who have been granted bail by this court. The applicant is in jail since 16.09.2024. He is ready to furnish adequate security and shall abide by all the directions and conditions which may be imposed by this court while granting bail. Hence the applicant be enlarged on bail in the interest of justice. 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicant by stating that there are direct evidences against the present applicant. Entire house of deceased was burnt including the deceased. 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 are evidences which show that the present applicant has direct role in the crime in question. By way of pouring petrol and diesel in the house of the deceased his house was burnt including Raghunath. Raghunath/deceased was approximately 95% burnt. The case of the applicant is totally 4 different from the case of the other co-accused who have been granted bail by this court. Therefore looking to the seriousness of the crime, name of the present applicant in the FIR and the involvement in the case, 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. 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