1 2025:CGHC:37631 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4580 of 2025 1 - Rajesh Dhuri @ Mirchhi S/o Dasrat Dhuri Aged About 21 Years R/o Village Kormee, Satnami Mohalla, Police Station Sirgitti, District Bilaspur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station Sirgitti, District Bilaspur (C.G.) ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Ms. Deepanjali Tiwari, Advocate For Respondent(s)/State : Ms. Smita Jha, Panel Lawyer Hon'ble Shri Justice Ravind ra Kumar Agrawal Order on Board 31/07/2025 1. This is the first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking the grant of bail to the applicant, who is in jail since 27-05-2024, in connection with Crime No. 372/2024, registered at Police Station Sirgitti, District Bilaspur, for the offence punishable under Sections 302, 336, 427 and 34 of IPC. VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.08.04 18:13:36 +0530 2 2. The case of the prosecution is that on 24-05-2024, when the deceased Ramchandra Chandrakar was coming along with other family members by Ertiga Car, bearing No. CG-11-BE-4255 from Takhatpur to Bilaspur, at about 12-20 in the night, near the village Silpahri at the Takhatpur-Bilaspur Highway, two accused persons were standing on the side of the road and after seeing the car, threw a heavy stone on the car, by which the deceased Ramchandra Chandrakar received grievous injuries on his head and during treatment he died on 29-05-2024. After the investigation, the memorandum statement of the present applicant, as well as the co- accused Sachin Sonwani, were recorded, and the applicant was arrested on 27-05-2024, and a charge sheet was filed. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the offence. There is no evidence available on record against the present applicant to show that he is also involved in the offence. No test identification parade of the accused persons was conducted by the police, and the applicant was not identified by the witnesses. There is no seizure of any incriminating material from the applicant. The alleged weapon of offence, i.e. stone, has been seized from another co-accused, Chandrakant Singh Bais. The applicant is in jail since 27-05-2024, and till date, there is no considerable progress in the trial. He would also submit that recently, the co-accused Sachin Sonwani has been granted bail by the Hon’ble Supreme Court, vide order dated 11-07-2025 passed in S.L.P. (Crl.) No. 8289/2025, and the case of 3 the applicant is identical to the case of Sachin Sonwani; therefore, he may also be enlarged on bail. 4. On the other hand, learned counsel for the state opposes the bail application and submits that in the memorandum statement of the co- accused Sachin Sonwani, he disclosed the fact that with the intention to commit loot of the passengers, they were standing on the road at night and threw a heavy stone at the car. The manner in which the offence is committed, he is not entitled to bail. He would also submit that the applicant has 07 criminal antecedents, i.e. (1) Crime No. 324/2024, registered at Police Station Sirgitti, Bilaspur, under Sections 457, 380 IPC (2) Crime No.243/2022, registered at Police Station Sirgitti, Bilaspur, under Sections 457, 380, 411, 34 of IPC, (3) Crime No. 380/2021, registered at Police Station Sirgitti, Bilaspur, under Section 3 of Public Gambling Act, 1867, (4) Crime No. 362/2019, registered at Police Station Sirgitti, Bilaspur, under Section 3 of Public Gambling Act, 1867, (5) Crime No. 411/2020, registered at Police Station Sirgitti, Bilaspur, under Sections 147, 148, 294, 506, 323, 452 of IPC, (6) Crime No. 233/2017, registered at Police Station Sirgitti, Bilaspur, under Sections 279, 337, 338 of IPC and Section 3/181 of Motor Vehicles Act, 1988, (7) Crime No. 150/2019, registered at Police Station Sirgitti, Bilaspur, under Sections 294, 506, 323, 327 of IPC, and therefore, he is not entitled to bail. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the submissions made by the learned counsel for the parties, nature of offence and material collected during investigation, further considering the manner in which the offence is committed, which resulted in to loss of the life of deceased Ramchandra Chandrakar, the criminal antecedents of the applicant which makes his case different then the case of co-accused Sachin Sonwani, I am not inclined to grant bail to the applicant. 7. Accordingly, the application for the grant of bail to the applicant Rajesh Dhuri @ Mirchi is rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved