1 2025:CGHC:41361 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6058 of 2025 1 - Sawan Pathak S/o Dwarika Pathak Aged About 22 Years R/o Village- Kamauli, P.S. - Chaubeypur, Distt- Varanasi (U.P.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Sakri, District- Bilaspur C.G. ... Respondent For Applicant : Ms. Reena Singh, Advocate For Respondent/State : Mr. Dilman Rati Minj, GA Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 18/08/2025 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.641/2022 registered at Police Station Sakri, District Bilaspur (C.G) for the offence under PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.08.18 17:07:14 +0530 2 Sections 302/34, 120-B, 201 & 341 of the IPC and Sections 25 & 27 of the Arms Act. 2. Prosecution case, in brief, is that present applicant in connivance with other co-accused persons was responsible in killing of the deceased Sanju Tripathi on 14.12.2022 at around 04:15 pm. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. She submits that there is no direct role of the present applicant for killing the deceased Sanju Tripathi. The only allegation against the present applicant is that he acted as a carrier for the supply of a pistol, for which co-accused Prem Sriwas contacted him over the phone and thereafter, Prem Sriwas took him to the person to whom the pistol was to be delivered and the aforesaid fact has been recorded in the memorandum statement. She would submit that both the memorandum and seizure witnesses have turned hostile and not supported the case of the prosecution. She would further submit that the applicant has no previous criminal antecedents and he is behind the bar for more than 2 years & 8 months since 25.12.2022 and the conclusion of trial is likely to take considerable time. Lastly, she submits that about 10 other co-accused have already been enlarged on bail and one of the co-accused namely, Rajendra Kumar Thakur has also been enlarged on bail by the Hon’ble Supreme Court vide order dated 15.07.2025 passed in SLP (Crl.) No.3601/2025; therefore, considering all these aspects, the applicant may be enlarged on bail. 3 4. Per contra, learned counsel for the State opposes the aforesaid submission. 5. Having considered the submissions of learned counsel for the parties and also considering the role attributed to the present applicant, and also considering the statements of the memorandum and seizure witnesses, as also the length of pre-trial detention of the applicant, and without commenting anything on the merits of the case, I am inclined to release the applicant on bail. 6. Accordingly, the Application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.1,00,000/- with two sureties in the like amount to the satisfaction of the trial Court. He shall not involve himself in any offence of similar nature in future. He is directed to appear before the trial Court on each and every date given by the said Court. 7. Certified copy as per rules. Sd/- (Deepak Kumar Tiwari) Judge Priyanka