1 2025:CGHC:21081 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3080 of 2025 1. Manoj Sahu S/o Heeralal Sahu Aged About 36 Years R/o Ward No. 04, Jagatpur, Dhimrapur, Police Station- Citykotwali, District- Raigarh (C.G.) ... Applicant versus 1. State of Chhattisgarh Through S.H.O. of the Police Station Tamnar, District- Raigarh (C.G.) --- Non-applicant For Applicant : Mr. Dhirendra Prasad Mishra, Advocate For Non-applicant : Mr. K.P. Gupta, Govt. Advocate SB: Hon’ble Mr. Justice Parth Prateem Sahu Order on Board 07.05.2025 1. This is third bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (henceforth ‘the BNSS’) for grant of regular bail to applicant, who is in custody in connection with Crime No.133/2023 registered at Police Station Tamnar, District Raigarh (CG) for the offence punishable under Sections 302, 294, 201, 120B/34 of IPC. 2 2. First application bearing M.Cr.C. Nos.5559/2023 was dismissed with liberty to repeat after examination of memorandum and seizure witness. Second application bearing M.Cr.C. No.6451/2024 was dismissed on merits. 3. Case of the prosecution, in brief, is that one Babulal Chouhan gave intimation in concerned police station that two dead bodies are lying near Selfie Point, Palighat, Tamnar. Based on said information, police registered merg and after merg enquiry, crime was registered against unknown person. During course of investigation, applicant was arrested on 23.3.2023. 4. Learned counsel for applicant submits that applicant is innocent and he has been falsely implicated. He has not committed any offence as alleged. There is no role of applicant in commission of murder of deceased persons. There are as many as 36 enlisted prosecution witnesses, however, till date not a single witness has been examined before trial Court. Applicant is in jail since 23.3.2023; the trial of case will take considerable time, therefore, it has been prayed that applicant be released on bail pending trial. 5. On the other hand, the learned State counsel opposes the bail application of present applicant and submits that before assaulting the decesaed, applicant also accompanied with other co-accused persons. He enjoyed liquor and chicken 3 along with them and was present on spot at the time of incident. There is charge under Section 120B of IPC, hence, no case is made out for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, submission of learned counsel for respective parties and material available in charge sheet, I do not find present to be a fit case for grant of regular bail to applicant at this stage. Accordingly, the bail application is rejected. 8. However, considering the period of pre-trial detention of applicant, the trial Court concerned is directed to expedite the trial and to take all necessary steps for securing presence of prosecution witnesses as provided under the BNSS. Sd/- (Parth Prateem Sahu) Judge roshan/- SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI