1 2025:CGHC:45890 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5925 of 2025 Ajay Sidar S/o Shri Tiknu Ram Sidar, Aged About 31 Years R/o Village - Badmar Dipapara, Police Station - Jute Mill, Raigarh, District - Raigarh (C.G.) (Permanent Address) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station - Saamripaath, District - Balrampur - Ramanujganj (C.G.) ... Respondent For Applicant : Mr. Anirudh Agrawal, Advocate For Respondent : Mr. Akhilesh Kumar, Government Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 09.09.2025 1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 39/2024 registered at Police Station – Saamripaath, District - Balrampur, Ramanujganj (C.G.) ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.09.10 10:37:56 +0530 2 for offence punishable under Section 103(1), 109 of BNS, 2023 and Sectin 25 and 27 of the Arms Act. 2. Case of prosecution in brief is that on 18.09.2024 applicant took the service rifle and open fired upon Mukesh Patel, who suffered grave injuries and succumbed to the same. He also open fired on Sandeep Pandey, who also died and thereafter, he open fired to the guard room. Applicant was thereafter, caught hold by other employees at the nearby place. Based upon which incident was reported, aforementioned crime was registered and applicant was arrested on 19.09.2024. 3. Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed offence as alleged. He further submits that though applicant was on his duty as constable of 11th Batalion, however, he was mentally unsound due to injuries suffered by him in a motor accident. Due to the motor accident injury on his head he was on leave for about 05 months and thereafter, he joined services. He also submits that witnesses examined before the trial Court have not supported the case of prosecution and he is incarcerated in jail since 19.09.2024, hence, he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and would submit that there are two eye-witnesses to the incident namely Rahul Singh and Ambuj Shukla. 5. I have heard learned counsel for the parties and perused the documents enclosed along with the bail application. 3 6. Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the respective parties and further that there are two eye-witnesses to the incident and also considering that applicant being the constable in 11th Batalion and while he was in service he open fired from service rifle, I do not find present to be a fit case to allow the application, accordingly, the application is dismissed. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge alfiza