1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6551 of 2025 1 - Bheem Patel S/o Late Bedram Patel Aged About 57 Years R/o Vill Ward No.16 Kotadabri, P.S. Janjgir, District : Janjgir- Champa, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Champa, District : Janjgir-Champa, Chhattisgarh. ... Respondent For Applicant : Mr. Aishwarya Kumar Dubey, Adv. For Respondent/State : Mr. H.A.P.S. Bhatia, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 04 / 09 / 2025 1. The accused/applicant has moved this second bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 174/2025 registered at Police Station – Champa, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 296, 109, 103(1), 3(5) of the BNS and Sections 25 & 27 of Arms Act. 2. As per the prosecution’s case, complainant Pooja Patel lodged a report stating that on the date of offence i.e. 30.04.2025 at about 5:00 pm, Bhesh Kumar Patel came in Digitally signed by HEERA LAL SAHU Date: 2025.09.06 10:58:36 +0530 2 front of Vinod Patel’s house, stood in the lane, and began abusing in obscene and offensive language. When Ganesh Ram Patel, the complainant’s father, objected to this, at that time due to the commotion, the appellant, Bheem Patel came out of his house and also started hurling vulguar abuses at her father and incited his son Bhesh Kumar Patel to kill him. Acting upon this provocation, Bhesh Kumar Patel, using a sharp knife in his possession, stabbed Ganesh Ram Patel, resulting in his death. Based on this offence has been registered against the present applicant along with another co-accused person. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He next submits that the only allegation against the present applicant is of instigation, and nothing incriminating has been seized from the present applicant. He also submits that the applicant is in jail since 01.05.2025, and there is no likelihood of his case being decided in the near future, therefore, the present applicant may be released on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that there are two eye witnesses i.e. injured Bharat Lal Patel, brother of the deceased and another one is Pooja Patel, daughter of the deceased, who have clearly stated in their statements recorded under Sections 161 of Cr.P.C. that the applicant instigate the co-accused Bhesh Patel, who is the son of the present applicant and thereafter, Bhesh Patel inflicted the injuries upon the injured eye witness and the deceased by a sharp edged weapon i.e. knife. He further submits that the trial has not commenced yet; therefore, at this stage, he may not be enlarged on bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the entire facts and circumstances of the case, particularly looking to the material available on record, the evidence collected by the prosecution against the applicant, the nature of the crime and further looking to the fact that the eye witnesses have not been examined as the trial has not commenced yet, at this stage, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected. 7. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu