1 2025:CGHC:36656 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5622 of 2025 Pankaj Vaare S/o Harishankar Vaare, Aged About 24 Years R/o Village Singhanpur, P/S Sarangarh, District Sarangarh Bilaigarh (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through S.H.O. Police Station Sarangarh, District Sarangarh Bilaigarh (Chhattisgarh) ... Respondent For Applicant : Mr. Awadh Tripathi, Advocate For Respondent : Ms. Sunita Manikpuri, Dy. G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 28.07.2025 1. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.75/2025 registered at Police Station Sarangarh, District Sarangarh Bilaigarh (CG) for the offence punishable under Sections 296, 191(2), 191(3), 190, 109, 103(1) of BNS & Sections 25 & 27 of Arms Act. Digitally signed by BHOLA NATH KHATAI Date: 2025.07.29 15:58:55 +0530 2 2. As per the prosecution case, on 13.02.2025, the present applicant along with other co-accused abused the employees of Surya Bakery, threatened to kill them and co-accused Krishna Rajput shot Mukhlal Manjhi in the chest, as a result of which Mukhlal Manjhi died and also hit complainant Salman Ansari on the head with a stone. The allegation against the applicant is that he also assaulted Salman Ansari with a stick which was seized from his possession. Subsequently, on report being lodged in this regard, the applicant was arrested on 13.02.2025. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He submits that the applicant has not assaulted the deceased. Complainant Salman Ansari has also not stated anything against the applicant. The name of applicant is not mentioned in Merg Intimation, Map Panchnama, FIR and the police statement of the witnesses. The names of the co- accused whose bail application has been rejected are mentioned in Merg Intimation and 161 CrPC statement. He submits that the main accused is Krishna Rajput who fired at the deceased and only on the basis of memorandum statement, the applicant has been implicated in this case. He further submits that there are total 36 witnesses and till date none of the witnesses have been examined, the applicant is in jail since 13.02.2025 and there is no likelihood of the trial to be 3 concluded at the earliest, therefore, considering all these facts the applicant may be released on bail. In support of his argument, he placed reliance on the case of this High Court in Harihar & others v. State of CG, 2005(1) C.G.L.J. 138. 4. Learned State counsel, on the other hand, opposing the bail application submits that there are 5 eye witnesses in this case and the stick has been seized from the possession of the applicant. She submits that the bail applications of co-accused Lalita Baghel and Gauri Bareth have been rejected in MCRC No.5495/2025. Therefore, considering the nature of offence, the applicant does 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 material collected and available on record against the applicant and also considering the fact that trial has not commenced and it is a case of eye witnesses, this Court is not inclined to release the applicant on bail. 7. Accordingly, the present bail application stands 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) JUDGE Khatai