1 2025:CGHC:18401 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.CrC No.3089 of 2025 Sunil Ram S/o Dhaneshwar Ram Aged About 20 Years R/o Sitarampur Path Damarpara, P.S.- Pasta, District- Balrampur- Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through, P.S.- Pasta, District- Balrampur- Ramanujganj (C.G.) ... Non-Applicant For Applicant : Shri Navneet Kumar Yadav, Applicant. For Non- Applicant/State : Shri HAPS Bhatia, PL. Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 23.04.2025 1. This is the 1st bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the Applicant, who has been arrested in connection with Crime No.74/2023 registered at Police Station Pasta, District Balrampur-Ramanujganj for the offence under Sections 147, Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.04.24 11:09:49 +0530 2 148, 294, 506, 323, 450 & 302 r/w Section 149 IPC as also under Sections 4 & 5 of the Tonhi Pratadna Adhiniyam. 2. Prosecution case is that Complainant Virnath (PW-2) has lodged FIR at PS Balrampur alleging that on 13.11.2023 when he was celebrating sohrai festival along with his parents at Mangal Kodaku’s house at around 10 p.m, the present Applicant and other co-accused namely Ramprasad, Parsu, Bishun, Vidhi and one juvenile conflict in law, entered into the house carrying club, iron rod, axe and spade suspecting that Complainant’s father has performed black magic on their family and assaulted his father as a result of which, he succumbed to the said injuries. It is also alleged that when Mangal came to rescue them, he was also assaulted by the present Applicant, therefore, the offence as aforesaid has been registered against the present Applicant. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the crime in question for which, he was arrested on 17.11.2023. He further submits that material witnesses have been examined and they have not supported the case of the prosecution, the trial is likely to take quite some time for its conclusion, therefore, the present Applicant may be released on bail by this Court. 4. On the other hand, learned counsel for the Non-Applicant/State opposed the bail application and drawn attention of the Court towards the statements of the Complainant Virnath (PW-2) and Mangal Kodaku (PW-4), the eye-witnesses to the incident, who have categorically 3 supported the case of the prosecution. He submits that appreciation of evidence is not required at this juncture, so the Applicant is not entitled to be released on bail. 5. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, particularly considering the statements of Complainant Virnath (PW-2) and Mangal Kodaku (PW-4), further considering that appreciation of evidence is not required at this stage and the gravity of offence, without further commenting anything on merits, I am not inclined to allow the application. 6. Accordingly, the application is rejected. Sd/- (Deepak Kumar Tiwari) Judge Priya