1 2025:CGHC:33199 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5562 of 2025 • Manish Dhimar, S/o Ramdayal Dhimar, Aged About 25 Years, R/o Dhimar Mohalla, Near Shulabh Tikrapara, Raipur, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh, Through Station House Officer, Police Station Tikrapara, Raipur, District Raipur, Chhattisgarh. ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Mirza Hafeez Baig, Advocate. For State/Non-applicant : Mr. Keshav Prasad Gupta, G.A. Hon’ble Shri Justice Parth Prateem Sahu Order on Board 16/07/2025 1. This is the fourth bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.227/2023 registered at Police Station Tikrapara, Raipur, District Raipur (C.G.), for the offence punishable under Sections 302, 294, 323, 506, 427, 147, 148, 149 of the Indian Penal Code, 1860. 2. Applicant’s first bail application bearing MCRC No.7618/2023 was dismissed as withdrawn vide order dated 08.12.2023, his second bail application bearing MCRC No.2775/2024 was also dismissed as withdrawn vide order dated 02.05.2024 and his third bail application bearing MCRC No.2824/2025 was also dismissed as withdrawn vide order dated 30.04.2025 by this Court. 2 3. Case of the prosecution is that on 13.05.2025, the complainant Ishwari Baiga lodged a report in concerned police station stating that her father -in-law was assaulted by the present applicant along with other co-accused persons and have also damaged the household articles of the house. In the assault, Rameshwar Bariha suffered grievous injuries over his person and he was taken to D. K. S. Hospital Raipur. Based on the aforementioned information, the FIR was registered against the present applicant and other co-accused persons. During course of treatment, Rameshwar Bariha died on 20.05.2023 and applicant was arrested on 09.06.2023. 4. Counsel for the applicant would submit that it is the deceased, who was the aggressor, he tried to assault co-accused Kanhaiya by means of axe, however, he somehow manage to save himself and caught hold off the hand of the deceased and thereafter he shouted, upon which, other co-accused, who are the relatives of Kanhaiya came on the spot, in the altercation, deceased fell down and suffered head injury. There is no specific allegation of assault upon the applicant. He submits that in the postmortem report cause of death of the deceased is mentioned as cardio respiratory arrest and not by any grievous injury suffered by him. He next submits that some of the prosecution witnesses have been examined and they have not supported the case of prosecution. 5. Mr. Gupta, counsel for the State opposes the submission made by the counsel for the applicant and would submit that there are specific allegations against the applicant also of participating in commission of crime along with other co-accused persons. There is allegation of offence under Sections 147, 148 & 149 of IPC also. Charge sheet has also been filed under the aforementioned sections. There is direct allegation against the applicant in the statement of Khomesh Raige, but his deposition is not placed before this Court for consideration. 3 6. I have heard learned counsel for the parties and perused the material available on record. 7. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, submission of counsels for the respective parties, the documents enclosed with the bail application and the submission of the State counsel that the eye witness Khomesh Raige has made specific allegation of assault against the present applicant, I do not find present case to be a fit case to allow the bail application. 8. Accordingly, the application for grant of bail is rejected. Sd/- (Parth Prateem Sahu) Judge DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA