1 / 2 2025:CGHC:21179 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3613 of 202 5 • Jalil Khan S/o Jamir Khan Aged About 27 Years R/o Village- Bhunda, Police Station- Kota, District- Bilaspur (C.G.) ... Applicant versus • State of Chhattisgarh Through- Station House Officer, Police Station- City Kotwali, District- Bilaspur Chhattisgarh ... Respondent For Applicant : Mr. Dharmesh Shrivastava, Advocate For Respondent-State : Mr. Keshav Prasad Gupta, Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judg e ORDER ON BOARD 08/05/2025 1. Applicant has filed this second bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 94/2021 registered at Police Station – City Kotwali, District Bilaspur (C.G.) for offence punishable under Sections 147, 148, 149, 294, 506, 302, 34 of IPC. 2. Case of prosecution in brief is that on 31.03.2021 about 10-12 persons including present applicant came armed with club and knife, started abusing Shekh Iqbal and thereafter assaulted him by means of club, knife and hand, fist on account of which he suffered grievous injuries and later on during course of treatment succumbed to those injuries. The incident was reported to the concerned police station based on which aforementioned crime was registered. During course of investigation, statement of witnesses were PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 2 recorded and applicant and others were arrested. Applicant was arrested on 10.04.2023. 3. Learned counsel for applicant submits that applicant was made accused based on the statement of Rashida Begam and Julekha Begam, now both the witnesses have been examined before the trial court and they have not supported case of prosecution. He also submits that other two co-accused persons namely Imran Khan @ Immu Hussain and Aishwarya @ Golu have been enlarged on bail vide MCRC No. 2840/2023 and MCRC No. 5014/2023 respectively. Both the said co-accused persons are similarly placed, hence applicant may also be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and further submits that there are eye witnesses to the incident one is PW-1-Julekha Begam and PW-3-Rashida Begam, both the witnesses have stated about the presence and participation of applicant in commission of crime. He also submits that there are three criminal antecedents against the present applicant. Hence, in the facts of the case and the evidence available, applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. Taking into consideration facts and circumstances of the case, nature of allegation, charges framed under Section 149 along with other Sections of IPC as also nature of role played by applicant, I do not find present to be a fit case to allow this application. 7. Accordingly, bail application is dismissed. Sd/- (Parth Prateem Sahu) pwn JUDGE