1 2025:CGHC:35236 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5720 of 2025 Vivek Kumar Kaushik S/o Shatrughna (Wrongly Mentioned As Shatruhan In The Order Sheet) Prasad Kaushik, Aged About 41 Years R/o Ward No. 12, Sarvoday (Wrongly Mentioned As Suryoday In The Order Sheet) Nagar, Pali, District Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Pali, District Korba (Chhattisgarh) ...Non-applicant For Applicant : Mr. Dharmesh Srivastava, Advocate. For Non-Applicant/State : Ms. Subha Srivastava, Panel Lawyer. For Objector : Mr. Vijay Kumar Sahu, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 22.07.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.114/2025, registered at Police Station – Pali District Korba (C.G.) for the alleged commission of offence punishable under Sections VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.24 14:15:59 +0530 2 191(2), 191(3), 190, 103(1), 61(2)(a) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 & 27 of Arms Act. 2. The prosecution case in brief is that the informant, Anil Jaiswal, reported that his cousin, Anup @ Rohit Jaiswal, involved in the coal lifting business, was assaulted and murdered by a group of accused persons at Saraipali Coal Mines on the night of 28.03.2025. The accused, including Roshan Singh Thakur and others, allegedly armed with pistols, swords, knives, and clubs, attacked the deceased after a quarrel, repeatedly assaulting him, which resulted in his death. The attack was reportedly motivated by a dispute over working rights in the coal mines, with some accused threatening that the deceased’s continued presence would prevent them from earning a livelihood. The incident was witnessed by several persons, including Harsh Jaiswal and Suraj Kashyap, one of whom, Dhani Jaiswal, was injured while trying to intervene. Following the complaint, police registered a case against sixteen accused, arrested them, seized weapons and mobile phones, recorded witness statements, and, after completing the investigation and post-mortem, filed the charge-sheet before the Judicial Magistrate First Class, Pali, District Korba (C.G. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant’s name is not mentioned in the FIR, which was registered against 16 accused persons, and that the applicant’s name came to light only during the course of the investigation. He also submits that a writ petition filed by the complainant party in WP(Cr.) No. 205 of 2025 resulted in the State filing a reply, which indicates that 3 the presence of the applicant at the place of occurrence is doubtful. Moreover, the charge-sheet has already been submitted, and the applicant has been in custody since 29.03.2024. Therefore, he prays for the release of the applicant on regular bail. 4. On the other hand, learned State counsel as well as learned counsel for the objector opposed the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of the allegations leveled against the applicant, and the fact that an injured witness, namely Dhani Jaiswal, who is the cousin brother of the deceased, was also present at the scene and has suffered simple injuries, his statement under Section 180 BNSS shows that the incident took place wherein the applicant, along with the co-accused persons, was armed with deadly weapons, and the deceased received injuries from a sharp-edged weapon resulting in death. Therefore, I am not inclined to grant regular bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant – Vivek Kumar Kaushik , involved in Crime No.114/2025, registered at Police Station – Pali District Korba (C.G.) for the alleged commission of offence punishable under Sections 191(2), 191(3), 190, 103(1), 61(2) (a) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 & 27 of Arms Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav