1 2025:CGHC:30983 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4268 of 2025 1 - Ashish Tiwari S/o Vijay Tiwari Aged About 30 Years R/o Fish Market Sanichari Market, P.S. City Kotwali, Bilaspur, District Bilaspur Chhattisgarh. ... Applicant. versus 1 - State Of Chhattisgarh Through P.S. Sakri, District Bilaspur Chhattisgarh. ... Respondent(s) For Applicant : Shri Achyut Tiwari, Advocate. For Respondent(s) : Shri Arvind Dubey, GA. Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 07/07/2025 1. This is the First bail application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.641/2022 registered at Police Station Sakri District Bilaspur (C.G) for the offence punishable under Sections 302/34, 302/120-B, 302/109 of IPC & Sections 25 (1) (b) and 27 of Arms Act. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.07.07 17:15:46 +0530 2 2. Prosecution case, in brief, is that present applicant in connivance with other co-accused persons was responsible in killing of the deceased Sanju Tripathi on 14.12.2022 at around 04:15 pm. 3. Learned counsel for the present applicant would submit that applicant is innocent and has been falsely implicated in the crime in question. He would submit that in pursuance of memorandum, one scooter Activa bearing registration No.CG 10 D 5912 was seized from the possession of the applicant. He further submits that both memorandum and seizure witnesses PW-6 & PW-7 have not supported the case of the prosecution. Learned counsel also submits that 6 co-accused persons have already been enlarged on bail and co-accused namely Kedar Singh, vide order dated 03.01.2025, has already been granted bail by Hon’ble Supreme Court in Criminal Appeal No.67 of 2025{Special Leave Petition (criminal) No.14739/2024}. He submits that another co-accused namely Aman Gupta, vide order dated 04.03.2025, has also been granted bail by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No(s).16696/2024. He submits that case of the present applicant is better than that of these two accused persons, as Kedar Singh was seen in the CCTV footage and allegations against the present applicant is that he was sitting along with other co-accused persons namely Aman Gupta who has already been enlarged on bail by the Supreme Court. He would further submit that present applicant is behind the bars for more than 2 and a half years since 19.12.2022 and conclusion of trial is likely to take considerable time. Considering the backdrop, present applicant may be enlarged on bail. 3 4. Learned State counsel would oppose the submission put forth by other side, however, he fairly admits that there are no previous criminal antecedents against the applicant. 5. Having considered the submissions and nature of accusation, particularly considering that only one scooter Activa has been seized from the present applicant, the pre-trial detention which is of more than 2 years and the fact that there are no previous criminal antecedents against the applicant, further considering that some of the co-accused persons have already been enlarged on bail and taking into consideration the role attributed to the present applicant, I am inclined to grant bail. 6. Accordingly, application is allowed and it is directed that in the event of the applicant’s executing a personal bond for a sum of Rs.1,00,000/- (One Lakh only) with two sureties of the like sum to the satisfaction of the concerned trial Court for his appearance before the concerned Court on each hearing, he be released on bail. Sd/- (Deepak Kumar Tiwari) Judge Avinash