1 2025:CGHC:22150 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3876 of 2025 • Ravi Nishad S/o Sukhdev Nishad Aged About 33 Years R/o Near Shiv Mandir, Lalpur, P.S. Tikrapara District- Raipur (C.G.) ... Applicant. versus • State Of Chhattisgarh Through Police Station Tikrapara District - Raipur (C.G.) ... Respondent For applicant. : Mr. Ravindra Sharma, Advocate. For State : Mr. U.K.S. Chandel, Dy. Advocate General (SB: Hon’ble Mr. Justice Ravindra Kumar Agrawal) Order Sheet 20/05/2025 1. Heard on the application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 31-5-2024 in connection with Crime No. 434 of 2024 registered at Police Station Tikrapara, District Raipur (CG) for the offence under Section 302 of the IPC. 2 2. The case of prosecution, in brief is that, on 21-5-2024 the son of the deceased namely Harish has lodged a missing report stating therein that his mother Kewra Bai, aged about 45 years, is missing since 18-5-2024 and her whereabouts could not be traced out. During enquiry of missing person, the dead body of the deceased was found on 23-5-2024 at Sector 4, Kamal Vihar, Raipur. On being postmortem of the dead body, the Doctor has opined that the dead body of the female is in advanced stage of decomposition and cause of death remains open. The evidence of head injury present which was caused with hard and blunt object. Duration of death could not be determined due to advanced stage of decomposition. The FIR has been registered against unknown person and during investigation the memorandum statement of co-accused Toran was recorded on 31-5-2024 in which he disclosed the entire incident and thereafter the present applicant Ravi Nishad has been arrested on 31-5-2024 and his memorandum statement has also been recorded and from his possession E- rickshaw has been seized. Another co-accused Khoob Singh has also been arrested and charge sheet has been filed. 3. Learned counsel for the applicant would submit that except from the memorandum statement of the accused persons no incriminating evidence is available in the charge sheet which connects the applicant with the offence in question. The incriminating part of memorandum statement is not admissible in evidence. There is no recovery of any incriminating article or weapon of the offence from the present applicant. He would further submit that though the witnesses Lokesh Sahu, Pushpendra Sahu, Kansuram Sahu, Jageshwari Sahu, Purniya Bai, Jamuna Sahu, Devlal, Kishan Sahu, Satyaprakash Sahu, Hemlata Sahu and Harsh Sahu are 3 there, but they stated in their statements and on the basis of information received by them to the memorandum statement of the applicant or otherwise and they are hearsay witnesses. There is no legally admissible evidence against the present applicant which directly connects the applicant with the offence in question. He would further submit that the applicant is in jail since 31-5-2024 and as per information given by the local counsel, not a single witness has been examined before the learned trial Court till date, therefore, the applicant may be enlarged on bail. 4. On the other hand, learned counsel for the State vehemently opposes the aforesaid submissions made by learned counsel for the applicant and would submit that from the statement recorded during investigation, witnesses have disclosed about the commission of the offence by the accused persons and the manner in which they have assaulted the deceased on the issue of consuming liquor, therefore, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and material collected during the investigation, further considering the nature of evidence collected during investigation against the present applicant, and further considering the fact that the applicant is in jail since 31-5- 2024 and as per statement made by learned counsel for the applicant that till date none of the witnesses have been examined before the learned trial Court and the trial of the case will take for some time, I am inclined to release the applicant on bail. 7. Consequently, this application filed by the applicant under Section 483 of BNSS, 2023 for grant of regular bail is hereby allowed. It is 4 directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on the following conditions :- (i) He shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court ; (ii) He shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iii) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial unless his personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) JUDGE Raju RAVVA SATYANARAYANA RAJU Digitally signed by RAVVA SATYANARAYANA RAJU Date: 2025.05.20 17:14:09 +0530