1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5069 of 2025 1 - Krishna Kumar Patel S/o Late Banshilal Patel Aged About 27 Years R/o Village Dabhrakhurd, P.S. Birra, District Janjgir-Champa Chhattisgarh (As Per Challan) 2 - Mohan Lal Patel S/o Late Banshilal Patel Aged About 21 Years R/o Village Dabhrakhurd, P.S. Birra, District Janjgir-Champa Chhattisgarh (As Per Challan) 3 - Raj Kewant S/o Amarnath Kewant Aged About 19 Years R/o Village Dabhrakhurd, P.S. Birra, District Janjgir-Champa Chhattisgarh (As Per Challan) 4 - Dayaram Patel S/o Laxmi Patel Aged About 37 Years R/o Village Dabhrakhurd, P.S. Birra, District Janjgir-Champa Chhattisgarh (As Per Challan) --- Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Birra, District Janjgir-Champa Chhattisgarh --- Respondent MCRC No. 5147 of 2025 1 - Daduram Patel @ Bhuneshwar S/o Labho Prasad Patel Aged About 23 Years R/o Village Dabhrakhurd, P.S. Birra, District Janjgir-Champa Chhattisgarh 2 - Darasram Patel S/o Shivnath Patel Aged About 40 Years R/o Village Dabhrakhurd, P.S. Birra, District Janjgir-Champa Chhattisgarh Digitally signed by BHOLA NATH KHATAI Date: 2025.07.23 09:23:38 +0530 2 ---Applicants Versus State Of Chhattisgarh Through - Station House Officer, Police Station Birra, District Janjgir-Champa (C.G.) --- Respondent For Applicants : Mr. Pushpendra Kumar Patel, Advocate For Respondent/State : Ms. Sunita Manikpuri, Advocate For Objector : Mr. Hariom Rai, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 21.07.2025 1. These two applications have been filed u/s 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.23/2025 registered at Police Station Birra, District Janjgir- Champa (CG) for the offence punishable under Sections 296, 115(2), 351(2), 191(2), 103(2) of BNS. 2. As per the prosecution case, on 14.03.2025 at about 3:00 p.m. when complainant Ankur Vaishnav and deceased Chitranshu Patel were coming to village Dabharakhurd on the day of Holi, due to old enmity these six applicants assaulted Chitranshu Patel with hands & fists, stick & bamboo stick and also threatened to kill him. Applicant Dayaram Patel assaulted complainant Ankur Vaishnav and applicant Darasram Patel threatened to kill him and said to run away from there or else he would be killed. On account of the assault by the applicants, Chitranshu Patel suffered grievous injuries on his head and died during treatment 3 on 18.03.2025. On report being lodged in this reagard, offence under the aforesaid sections has been registered against the applicants. 3. Learned counsel appearing for applicants submits that the present applicants have been falsely implicated in this case on account of old enmity between the parties. He submits that there is no evidence of assaulting by stick against the applicants in MCRC 5069/2025. He further submits that charge sheet has been filed, the applicants are in jail since 22.03.2025 and there is no likelihood of the trial to be concluded at the earliest, therefore, prays for the applicants to be released on bail. 4. Learned State counsel and learned counsel appearing for the Objector, on the other hand, opposing the bail applications submit that accused Daduram Patel and Darasram Patel assaulted the deceased with stick and bamboo stick while other accused persons were assaulting with hands and fists. They submit that as per the PM report, 12 injuries were found and all were antimortem in nature and death was caused due to head injury. They further submit that there is an eye witness to the incident who is the complainant Ankur Vaishnav himself. Therefore, considering the nature and gravity of offence, the applicants do not deserve to be released on bail. 5. Heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence and the 4 material collected and available on record against the applicants and also considering the fact that trial has not commenced and the said eye witness has not been examined, this Court is not inclined to release the applicants on bail at this stage. 7. Accordingly, both the bail applications stand rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE