1 2025:CGHC:42953 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5915 of 2025 Upanshu Das @ Yash Das S/o Late Laxmi Das, Aged About 18 Years R/o Rajgamar Colony Saraswati Chowk, Rajgamar Police Station- Balconagar, Tehsil And District- Korba Chhattisgarh. ... Applicant versus State of Chhattisgarh, Through- Station House Officer, Police of Police Station Chowki Rajgamar P.S. Balconagar District- Korba Chhattisgarh. ... Respondent For Applicant : Mr. Ashutosh Shukla, Adv. For Respondent/State : Ms. Pragya Shrivastava, Dy. G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 25/08/2025 1. The applicant has preferred this 1st bail application under Section 483 of BNSS, 2023 for grant of regular bail as he is arrested in connection with crime No. 202/2025, registered at Police Station – Chowki Rajgamar, P.S. Balconagar, District- Korba (C.G.) for offence punishable under Sections 103(1), 3(5) of BNS 2023. 2. The prosecution's case, in short is that the accused/applicant, Upanshu Das alias Yash Das, is charged with the allegation that on 14.03.2025, the deceased Anil Yadav had gone to Rajgamar in the evening to celebrate Holi, where, in an intoxicated state, he had an altercation with SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.08.26 13:08:56 +0530 2 Arpit Agrawal in front of Arpit Agrawal’s shop situated at Premnagar. Thereafter, Arpit Agrawal along with the other co-accused persons, namely Sahil Das, Abhishek Jaiswal, and Rahul Rathore and the applicant assaulted Anil Yadav, due to which he fell unconscious on the spot. Subsequently, Anil Yadav was taken to the District Hospital, Korba for treatment, where he succumbed to death. Based on above, offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. There is nothing on record against the applicant nor any seizure has been made from him. At the time of incident, the deceased was aged about 50 years and he had consumed liquor. As per PM report, the deceased was suffering from pre-existing coronary artery disease and as a natural cause, the deceased died and brought dead in Hospital. Further, on the basis of one CCTV footage, after a month of the incident, FIR was lodged by wife of the deceased. Further, on the basis of memorandum statement of co-accused Sahil, the applicant has been implicated. There are total 5 accused persons in this case out of which two were absconded. According to the counsel, the main accused is Arpit Agrawal. He lastly submits that the applicant has no criminal antecedent, he is a 10th Class student aged about 18 years, he is in jail since 18.04.2025, there are total 30 prosecution witnesses in this case and the trial has not commenced till date and it is likely to take time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that there are sufficient evidence available on record against the applicant, therefore, looking to the nature of offence, the applicant may not be released on bail. 5. I have heard learned Counsel appearing for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, evidence collected by the prosecution, detention period of the applicant and the fact that the applicant is a student, there was no seizure from him, the 3 FIR was lodged after a month of the incident on the basis of one CCTV footage, further considering that the trial is likely to take time to be finalized, without further commenting on merits of the case, I am inclined to release the applicant on bail. 7. Accordingly, the bail application is Allowed. 8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham