1 2025:CGHC:2159 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 319 of 2025 1 - Mithilesh Nirmalkar S/o Shankar Nirmalkar Aged About 24 Years R/o Beneath The Tower, Murukhadan, Atal Awas Sarkanda, P.S. Sarkanda, Dist.- Bilaspur (C.G.) ... Applicant Versus 1 - State Of Chhattisgarh Through - Station House Officer (S.H.O) P.S.- Sarkanda, Dist.- Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Shivank Mishra, Advocate along with Mr. Ankur Seth, Adovcate For Non-Applicant : Mr. Santosh Soni, Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 14/01/2025 1. This first bail application is filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 786/2022 registered at Police Station – Sarkanda, District – Bilaspur, Chhattisgarh for the offences punishable under Section 294, 506, 307, 302, 34 of the Indian Penal Code, 1860 and under Sections 25 & 27 of the Arms Act, 1959. 2. Case of the prosecution is that, on 10.07.2022 at about 08:30 P.M., when Devanand @ Chottu along with his friend namely Pawan Vastrakar (deceased) went to Ashaban on their motorcycle and were standing near Chicken Shop at that relevant time, applicant along with one Deepak Nirmalkar came there and started abusing Devanand and Pawan SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 Vastrakar on the ground that deceased used to talk with his girlfriend and thereafter, the applicant took out knife and caused multiple injuries on the abdomen of the deceased, due to which he suffered grievous injuries. Devanand @ Chotu was also assaulted by Deepak Nirmalkar by means of club and the applicant gave knife blow on the person of Devanand @ Chotu also. In the incident, deceased sucumbed to the injures and Devanand @ Chotu was taken to hospital. Report was lodged by Laxman Jaiswal i.e. father of Devanand @ Chotu. Based on the report, aforementioned crime was registered and the applicant was arrested on 11.07.2022. 3. Learned counsel for the applicant submit that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits that the eye-witness in the charge- sheet i.e. Karan Yadav and Ajay Sahu @ Bhola have been examined and they have not supported the case of prosecution. Applicant is jail since 11.07.2022. He also contended that there are 30 enlisted witnesses, out of which, only 09 witnesses have been examined till August, 2024. Trial may take sometime, hence, he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and would submit that apart from the aforementioned two witnesses as stated by the counsel for the applicant, Devanand @ Chotu is the injured eye-witness. In his statement recorded under Section 161 of Cr.P.C., he had categorically stated that the applicant took out the knife and caused multiple injuries over the abdomen of deceased Pawan Vastrakar who succumbed to his injures. He also stated that he gave multiple knife blow by the applicant. Counsel for the applicant has not filed the copy of deposition of witness Devanand @ Chotu. 3 5. At this stage, counsel for the applicant submits that the summons have been issued by the learned Trial Court to witness Devanand @ Chotu for his appearance on several occasions, however, he did not appear. 6. I have heard learned counsel for the respective parties. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties in particular, submission of the counsel for the State that Devanand @ Chotu is also the injured eye-witness to the incident which is not disputed by the counsel for the applicant, considering the statement of Devanand @ Chotu under Section 161 of Cr.P.C. alleging that the applicant has caused multiple injuries by knife upon the deceased Pawan Vastrakar, I do not find present to be a fit case to allow the application for grant of bail. 8. Accordingly, the bail application for grant of bail is dismissed. However, considering the submission of counsel for the applicant that even after issuance of summons, witness Devanand @ Chotu is not appearing before the Trial Court, learned Trial Court is directed to take all necessary steps and measures as provided under the B.N.S.S. 2023 for causing appearance of the prosecution witnesses for recording their evidence. Trial Court is also directed to expedite the trial. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey