1 2025:CGHC:33014 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4868 of 2025 1 - Rahul Sonkar S/o Badku Urf Jaleshwar Sonkar Aged About 21 Years R/o Shivajiward Sachipuram Mungeli, Police Station City Kotwali, District Mungeli, Chhattisgarh. 2 - Shubham Sahu S/o Jeevan Sahu Aged About 27 Years R/o Thakkar Bapa Ward, Mungeli, Police Station City Kotwali, District Mungeli, Chhattisgarh. 3 - Naruttam Bhaskar S/o Samaruram Bhaskar Aged About 22 Years R/o Leelwakapa, Police Station City Kotwali, District Mungeli, Chhattisgarh. ... Applicants versus 1 - State Of Chhattisgarh Through Police Station City Kotwali Mungeli, District Mungeli, Chhattisgarh. ... Respondent For Applicants : Ms. Indrapreet Kaur Chhabra, Advocate. For State/Respondent : Mr. Akhilesh Kumar, G.A. For Objector : Ms. Laxmeen Kashyap, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 15/07/2025 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 applicants who have been arrested in Digitally signed by HEERA LAL SAHU Date: 2025.07.16 10:27:14 +0530 2 connection with Crime No. 109/2025 registered at Police Station City Kotwali, Mungeli, District Mungeli (C.G.), for the offence punishable under Sections 103(1), 238, 191(2) of BNS, 2023 and Sections 25 & 27 of Arms Act. 2. As per the prosecution’s case, on 04.04.2025, complainant Ghanshyam Sahu (uncle of the deceased) lodged FIR stating therein that on 03.04.2025 at about 07:00 pm, they came from Dandgaon to Ravanbhata Mungeli for the wedding procession of Salikram Sahu’s son Komal Sahu. The wedding procession was meant to reach the place of Dinesh Sahu. The informant’s nephew, Tikendra Sahu (deceased), was also present in the wedding procession. At about 11:30 pm in the midst of the wedding procession, some people started a dispute when Tikendra Sahu intervened, then an unknown person stabbed him in the stomach with a sharp weapon like a knife, due to which he sustained grievous injuries. Thereafter, he was admitted to the District Hospital, Mungeli, for treatment, from where he was referred to Sharda Hospital, Mungeli, for better treatment, but he succumbed to his injuries on 04.04.2025 at about 6:30 pm. During the course of the investigation memorandum statement of the Juvenile co-accused was recorded, in which the names of the present applicants were mentioned. Based on this, offence has been registered against the present appellants. 3 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. She further submits that the applicants were arrested only on the basis of the memorandum statement of the juvenile co-accused who has already been granted bail by Juvenile Justice Board. She next submits that nothing incriminating has been seized from the present applicants, even they were not present at the spot. There is no memorandum statements of the applicants. She also submits that the FIR is against the unknown person, and the applicants are in jail since 05.04.2025, charge sheet has been filed, and the trial is likely to take considerable time to conclude. Therefore, she prays for the grant of regular bail to the applicants. 4. On the other hand, learned counsel for the State opposed the bail application and submitted that the names of the present applicants have been mentioned by the juvenile co- accused; therefore, at this stage, they may not be enlarged on bail. 5. Learned counsel for the objector also opposes the bail application, submitting that the applicants are also involved in the crime in question; therefore, they may not be enlarged on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 4 7. Considering the facts and circumstances of the case and also considering the fact that there is no seizure from the applicants, no memorandum statement of the applicants, the applicants have no criminal antecedents and the applicants are in custody since 05.04.2025, charge sheet has been filed, and also looking to the memorandum statement of the juvenile co-accused and further looking to the fact that trial is not commenced yet, and the trial is likely to take considerable time, therefore, at this stage, without commenting on merits of the case, I am inclined to release the applicants on bail. 8. 8. Accordingly, the application is allowed and it is directed that the applicants shall be released on bail on their furnishing a personal bond in the sum of Rs. 25,000/- each with one surety in the like sum to the satisfaction of the trial Court. Applicants are directed to appear before the trial Court on each and every date to be given to them 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. 9. 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 H.L. Sahu