1 2025:CGHC:36005 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5232 of 2025 1 - Gopi Suryavanshi S/o Late Shri Gyandas Suryavanshi Aged About 30 Years R/o Khamtarai, Atal Chowk, Police Station Sarkanda, District Bilaspur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Sarkanda, District Bilaspur (C.G.) ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Vikrant Pillay, Advocate and Mr. Rishi Rahul Soni, Advocate For Respondent(s)/State : Mr. Suyashdhar Badgaiya, Deputy G.A. Hon'ble Shri Justice Ravind ra Kumar Agrawal Order on Board 24/07/2025 1. This is the first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 filed by the applicant, who is arrested on 15.02.2024, in connection with Crime No. 221 of 2024, registered at Police Station Sarkanda, Bilaspur (C.G.), for the offence under Sections 147, 148, 149, 307 and 302 of IPC. VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.28 14:28:32 +0530 2 2. The case of the prosecution is that, on 14.02.2024, at about 11:30 PM, the present applicant and his family members collected the building material and were in the process of flooring of under construction shop, the deceased Pankaj Upadhyay made a comment on the nephew of the present applicant Sahil Suryavanshi, as to why they are working in the night and then, Sahil Suryavanshi started assaulting the deceased Pankaj. Seeing the quarrel between them, the other family members of Sahil Suryavanshi, including the present applicant, also assaulted the deceased by spade, wooden log, axe and hand and fists. The deceased and injured were taken to hospital, where Pankaj Upadhyay died and injured Prem Deepak @ Kallu Sahu was admitted in the hospital. The merg was registered and the postmortem of the dead body was conducted and, in the postmortem, numerous injuries found on the body of the deceased and the doctor opined that the death was homicidal in nature and the injuries are sufficient to cause death in ordinary course of nature. The FIR for the offence under Sections 147, 148, 149, 307 and 302 of IPC has been registered against 06 accused persons including one juvenile in conflict with law. Statements of the eyewitnesses and other witnesses have been recorded and the accused persons have been arrested, thereafter, charge sheet has been filed. 3. Learned counsel for the applicant would submit that, the deceased himself was the aggressor and when altercation took place with Sahil Suryavanshi, he fell down on the building material, where the spade was also lying for use of construction of building, by which the 3 deceased received injuries. In the night, the applicant and his family members were engaged in flooring process of the building. The witnesses are the interested witness having grudge against the applicant, because he constructed his house and having good position than them in the vicinity. The entire family members have been roped in the case. The applicant is in jail since 14.02.2024 and there is no consideration progress in the trial. There are 34 witnesses cited by the prosecution and only a few witnesses have been examined. There is no possibility of early conclusion of the trial, therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State opposes the submissions made by learned counsel for the applicant and submitted that, from the statement of injured eyewitness Prem Deepak and other eyewitness Ajay, Abhishek Parihar, Prince Singh Thakur and other supporting witnesses, the active participation in assault made by the applicant by spade, is available in the charge sheet. The blood- stained spade and blood-stained clothes have been seized from the applicant. The trial of the case has been started and the witnesses are turning up for their examination, the bail application of two co-accused persons Shiv Kumar Suryavanshi and Ishwari Suryavanshi have already been dismissed by this Court vide MCRC No. 58 of 2025 and MCRC No. 3959 of 2024 respectively, therefore, the applicant is not entitled for bail. 4 5. I have heard the learned counsel for the parties and perused the case diary. 6. Considering the submissions made by the parties, considering the material collected during the investigation and the allegation against the present applicant regarding his involvement in the offence in question, the statement of the injured eyewitness Prem Deepak and other eyewitness Ajay, Abhishek Parihar, Prince Singh Thakur and other supporting witnesses, further seizure of blood-stained spade and clothes of the applicant, the number and nature of injuries found on the body of the deceased and trial of the case is started, and bail applications of two co-accused persons Shiv Kumar Suryavanshi and Ishwari Suryavanshi have already been dismissed by this Court, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application of present applicant Gopi Suryavanshi is rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved