1 2025:CGHC:34215 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4638 of 2025 1 - Chandraprakash Yadav S/o Shri Pavan Yadav, Aged About 22 Years, R/o Ward No. 04, Dhobipara Champa, P.S. Champa, District Janjgir-Champa (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through S.H.O. P.S. Champa, District Janjgir-Champa (C.G.). ... Respondent For Applicant : Mr. Ravindra Sharma, Advocate. For State/Respondent : Ms. Sunita Manikpuri, Dy.G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 18/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 54/2025 registered at Police Station - Champa, District Janjgir-Champa (C.G.), for the offence punishable under Sections 296, 351(3), 118(2), 190, 191(2)(3), 111(1), 109, 103, 103(2) of BNS and Section 25, 27 of Arms Act. 2. Case of the prosecution, in brief, is that, the complainant, SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.21 10:13:56 +0530 2 Kaleshwar Patel, resident of Village Govinda, Police Station Bamnidih, lodged a complaint on 17.02.2025, alleging that he, along with fellow villagers and friends Ramdhan Patel and Sahil Patel, attended the wedding ceremony of Shiv Kewat at Village Dhobipara, Champa. At about 8:00 pm, during the marriage function, Golu Majhi and Sarwant alias Ledhu arrived with a minor boy and inquired who had assaulted the child. Subsequently, they began using abusive language and physically assaulted Ramdhan and Sahil Patel with their hands and fists, and later used a sharp-edged weapon, causing grievous injuries to their backs, necks, ears, and heads, resulting in excessive bleeding. With the assistance of villagers, the injured were admitted to District Hospital Janjgir for treatment and later referred to District Hospital Bilaspur due to their serious medical condition and Ramdhan Patel died during treatment. Based on the said report, the police registered a case against the accused Sarwant @ Ledhu and Golu Manjhi and during investigation, based on the memorandum statements of the accused, the case was also registered against the applicant and other co-accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case, with no connection to the alleged offense. It is further submitted that the applicant's name was not mentioned in the FIR, and the victims, Ramdhan and Sahil Patel, in their statements recorded by the police, did not make any allegations against the applicant. The applicant's implication is solely based on the 3 Drishya Panchnama dated 20.04.2025, and CCTV footage. No incriminating material has been seized from the applicant's possession, and no Test Identification Parade (TIP) has been conducted. Although the charge sheet has been filed, the charges have not been framed to date. The applicant has no criminal antecedent and has been in jail since 19.02.2025 and and the trial is likely to take considerable time to conclude. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel for the State opposed the bail application, submitting that the trial has not yet commenced, therefore, at this stage, the applicant may not be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and also taking into account that applicant's name was not mentioned in the FIR, and the victims, Ramdhan and Sahil Patel, in their statements recorded by the police, did not make any allegations against the applicant, No incriminating material has been seized from the applicant's possession, and no Test Identification Parade (TIP) has been conducted, coupled with the fact that the chares have not been framed till date, the applicant is in jail since 19.02.2025 and the trial has not yet commenced, therefore, I deem it appropriate to release the applicant on bail. 7. Accordingly, the application is allowed and it is directed that 4 the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. Applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.