1 2025:CGHC:33915 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5078 of 2025 1 - Toran Vishwakarma S/o Shri Ajuram Vishwakarma Aged About 40 Years R/o Village Pendawani, Police Station Fingeshwar, District Gariyaband (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Tikarapara, Raipur, District Raipur (C.G.) ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Pushpendra Patel, Advocate For Respondent(s)/State : Mr. Mayur Khandelwal, Panel Lawyer Hon'ble Shri Justice Ravind ra Kumar Agrawal Order on Board 17/07/2025 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 31-05-2024 (wrongly mentioned in the bail application as 05-05-2024) in connection with Crime No. 434 of 2024 registered at VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.21 18:45:04 +0530 2 Police Station Tikrapara, District Raipur (CG) for the offence under Section 302 of the IPC. 2. The case of prosecution, in brief is that, on 21-05-2024, 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 18-05-2024 and her whereabouts could not be traced out. During enquiry of missing person, the dead body of the deceased was found on 23-05-2024 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 applicant Toran was recorded on 31-05-2024, in which he disclosed the entire incident, and thereafter, the other co-accused persons have also been arrested on 31-05-2024. From the present applicant Toran Vishwakarma, one motorcycle, shirt and baniyan stained with blood-like stains have been seized on 31-05-2024 and one stone having blood-like stains has also been seized on 31-05-2024. From co-accused Ravi Nishad, one E-rickshaw has been seized and from the spot, empty disposal glass, rapper of Meghna Bidi, empty liquor bottle, pouches have been seized and charge sheet has been filed against the applicant as well as other accused persons. 3 3. Learned counsel for the applicant would submit that except from the memorandum statement of the applicant, 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. The alleged recovery is made after thought and planted. There is no FSL report that the blood found on the stone or clothes of the applicant is the blood of the deceased. The stone is seized from an open place. 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 there, but they stated in their statements 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. The co-accused Ravi Nishad has been granted bail by this Court vide order dated 20-05-2025, passed in MCRC No. 3876 of 2025 and his case is similar to the present applicant. He would further submit that the applicant is in jail since 31-05-2024 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 4 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, the applicant is not entitled to be released on bail. He would further submit that the case of the present applicant is different than the case of Ravi Nishad, as the blood-stained shirt and baniyan has been seized from the present applicant. The weapon of offence i.e. stone, which is stained with blood has also been seized from the present applicant and from the material available in the case diary, it comes that the present applicant is the main accused, who assaulted the deceased by stone, and thus, his case is different than the case of co-accused Ravi Nishad. Considering the nature of allegation and the evidence available on record, the applicant is not entitled for bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Having considered the submissions made by learned counsel for the parties, considering the nature of allegation and material collected during the investigation, further considering that the blood-stained stone and clothes of the applicant have been seized from him, the allegation that he assaulted the deceased by stone, gravity of the offence and the manner in which the offence is committed, I am not inclined to release the applicant on bail. The allegation against the co- accused Ravi Nishad and the present applicant Toran Vishwakarma 5 are different and the present applicant cannot be benefited, even if the co-accused Ravi Nishad has been released on bail. 7. Accordingly, the present bail application of the applicant Toran Vishwakarma is rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved