1 2025:CGHC:22743 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3025 of 2025 1 - Oman Maris Peter S/o Shri Dan Masih Peter Aged About 25 Years (Wrongly Mentioned Amon in the Order), R/o Ward No.- 13, Parsabhader, P/s - City Kotwali, Balodabazar, Distt. Balodabazar- Bhatapara (C.G.) ... Applicant versus 1 - State of Chhattisgarh through - Police Station - City Kotwali, Distt. Balodabazar-Bhatapara (C.G.) ... Respondent For the applicant : Mr. Ajay Kumar Mishra, Advocate. For the State : Mr. Prabha Sharma, Panel Lawyer. For the objector : Mr. Vivek Singhal, Advocate (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order Sheet 09/06/2025 1. This is the first bail application filed under Section 483 of the A ANNAJEE RAO Digitally signed by A ANNAJEE RAO 2 Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in connection with Crime No. 210 of 2025 registered at Police Station City Kotwali, District Baloda Bazar, Bhatapara (C.G) for the offence punishable under Sections 103, 3(5) of BNS Code and sections 25 and 27 of the Arms Act. 2. As per the prosecution story, on 04.03.2025 a report was lodged by Harshit Mishra, brother of deceased, to the effect that his brother Gyanendra Mishra (deceased) had gone outside on his scooter at about 9.30 p.m., and when he did not come till late night at 1 p.m. the complainant made a phone call to him about his return on which Gyanendra responded to return home and disconnected the phone. Again when the complainant made a phone call, at 2.05 a.m., someone -else had informed him on Gyanendra’s mobile that Gyanendra had met with an accident. On that information, the complainant rushed to the place where Gyandendra was lying bleeding on the road and three people were also there including the present applicant and they informed about Gyanendra’s argument with someone else. When the complainant asked Gyanendra, he told that some one had hit him with sharp edged object and the injuries were caused on the thigh of the right leg. The deceased became unconscious and was brought to a private hospital where he died after medical examination. 3. Learned counsel for the applicant contends that except a mobile phone, no seizure was made from the applicant. He further submits that there is no direct evidence against the present applicant to connect him with the crime in question and the knife was seized from co- 3 accused Sahil and as per the postmortem report 3 stab injuries were found on the thigh of right leg and the cause of death was the result of knife blows. He further submits that it is clear from the memorandum statement of accused that the present applicant having seen the deceased lying on the road in the late night had gone there only to rescue the deceased and even he received the phone call of complainant over the mobile of deceased and informed him about the place of incident and on such information, the complainant (brother of deceased) could reach the place of incident and talked to the deceased. He would also submit that even the name of applicant was not mentioned as assailant in the statement recorded under Section 161 of CrPC. He submits that the applicant is in jail since 05.03.2025 and the charge sheet has been filed, therefore, he may be enlarged on bail under section 483 of BNSS. 4. Per contra, learned State Counsel opposes the bail application. 5. I have heard the leaned counsel for the parties and have also gone through the case diary. 6. Having considered the submissions of the learned counsel for the parties and facts and circumstances of the case as also the fact that no criminal antecedents are reported against him and further considering the fact that the postmortem report shows that the knife injuries were caused to the deceased whereas the knife was not seized from the applicant and there is no direct evidence against the applicant and also considering the fact that the name of applicant was not mentioned as assailant in the written report, FIR or in the statement recorded under 4 Section 161 of CrPC, I am of the opinion that it is a fit case to release the applicant on regular bail. 7. 7. Accordingly, the application filed u/s 483 BNSS is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the sanctification of the trial Court for his appearance before the said Court as and when directed. CC as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao