1 2025:CGHC:19363 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3006 of 2025 1 - Ashok Kumar Pradhan S/o Loknath Pradhan, Aged About 44 Years, R/o Village - Dumarpali, P.S. - Chakradharnagar, District - Raigarh (C.G.) 2 - Ajay Pradhan S/o Loknath Pradhan, Aged About 42 Years, R/o Village - Dumarpali, P.S. - Chakradharnagar, District - Raigarh (C.G.) ... Applicants versus 1 - State of Chhattisgarh Through - P.S. - Chakradharnagar, District - Raigarh (C.G.) ... Non-applicant/ Respondent For Applicants : Mr. Sanjay Agrawal, Advocate. For State/Non-applicant : Ms. Laxmeen Kashyap, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 29-04-2025 1. This is the first bail application filed by the applicant under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested on 23-12-2024 in connection with Crime No. 574/2024, registered at Police Station Chakradharnagar, District - Raigarh, Chhattisgarh for the offence under Sections 103(1), 3(5) of BNS, 2023. 2. The case of prosecution is that, on 22-12-2024 at about 2:00 a.m. deceased Panchram Sarthi was assaulted by the accused persons in front of house of co-accused Virendra Sidar by tiding him on electric pole. In the morning when the witnesses saw the deceased in injured condition tied with electric pole they informed police and then merg was intimated and after enquiry the FIR against co-accused Virendra Sidar has been registered. During investigation, memorandum statement of Virendra Sidar was recorded in Digitally signed by MOHAMMAD AADIL KHAN 2 which he disclosed that he along with other co-accused persons including the present applicants have assaulted the deceased by hands and fists and danda. The applicants have been arrested on 23-12-2024 and charge sheet has been filed. 3. Learned counsel for the applicants would submit that there is no eye-witness to the incident and all the witnesses are hearsay witnesses. The applicants are not named in the FIR. There is no recovery of any weapon from the present applicants. They are in jail since 23-12-2024 and final adjudication of the case will its own time. Therefore, they may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes and has submitted that it was the incident of night time and the witnesses came to know about the incident from each other that present applicants have assaulted the deceased by hands, fists and danda. The manner in which the deceased was assaulted has come in the memorandum statement of Virendra Sidar and number of injuries have been found on the body of the deceased. Therefore, the applicants are not entitled for bail. 5. I have heard learned counsel for the parties and perused the material collected during the investigation which is available in the case diary. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering gravity of the offence and the injuries found on the body of the deceased, am not inclined to release the applicants on bail. 7. Consequently, this application filed by the applicants under Section 483 of BNSS, 2023 for grant of regular bail is rejected. Sd/- (Ravindra Kumar Agrawal) Judge Aadil