1 2025:CGHC:43477 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6779 of 2025 1 - Ravi Vishwakarma S/o Kantoram Vishwakarma Aged About 26 Years R/o Ward No. 19, Sarona, P.S. Tilda Neora, District Raipur C.G. 2 - Dujram Sahu S/o Suresh Sahu Aged About 21 Years R/o Ward No. 11, Sarona, Nayapara, P.S. Tilda Neora, District Raipur C.G. 3 - Durgesh Dhruv S/o Virendra Dhruv Aged About 22 Years R/o Ward No. 18, Sarona, Nayapara, P.S. Tilda Neora, District Raipur C.G. ... Applicants versus State Of Chhattisgarh Through Station House Officer (S.H.O.), P.S. Tilda Neora, Dist. Raipur C.G. ---- Respondent For Applicants : Mr. Ravi Kumar Kashyap, Advocate For State : Ms. Upasana Mehta, Dy. GA Hon'ble Shri Justice Arvind Kumar Verma Order on Board 28/08/2025 1. The applicants have preferred this second bail application under Section 483 of the BNSS, 2023 for grant of regular bail as he is arrested in connection with Crime No.525/2024, registered at Police Station- Tildra Neora, District Raipur (C.G.) for the offence punishable VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.08.29 15:40:01 +0530 2 under Sections 103(A), 191(2), 190 of BNS and Section 25(1-B)b, 27(1) of the Arms Act. 2. First bail application was dismissed on merits by this Court vide order dated 13.05.2025 in MCRC No.3797/2025. 3. As per prosecution story, the present applicants were allegedly involved in gambling on the night of Diwali. During this incident, a dispute broke out among the villagers where allegedly one of the co- accused, namely Ramnarayan Yadav @ Nanu, assaulted the deceased, Manish Kumar Yadav, with a knife, resulting in his death. FIR had been registered & the accused persons were taken into custody where the case has presently been pending before XIth Addl. District and Sessions Judge, Raipur (C.G.). The sole allegation against the present applicant is that he assaulted the victims with his hands and fists, but the prosecution has not established any mens rea. The Trial Court has examined five witnesses out of twenty listed in the charge sheet, with the eye witnesses (PW-2 and PW-3) have not supported the prosecution's case. Additionally, the witnesses who initially saw the deceased reported that he was lying unconscious without mentioning any visible injuries, suggesting the absence of external wounds; however, the post-mortem report notes a single wound measuring 2 x 1 x 1 cm. 4. Learned counsel appearing on behalf of the applicants submits that the applicants are innocent and have been falsely implicated in the present 3 case. He further submits that the present applicants were performing puja-path at the time of incident as it was Diwali and they had no knowledge about the incident. He further submits that the name of the applicants were well implanted and perfectly afterthought to falsely implicate the applicants due to personal vendettas. The applicants have no previous antecedent and no other pending cases in any Court except in this case. He lastly submits that the applicants are in jail since 04.11.2024, charge-sheet has already been filed and trial is likely to take some time, therefore, it is prayed that the applicants may be released on bail. 5. Per contra, learned State counsel opposes prayer and submits that as per the prosecution story, all the accused persons assaulted the deceased by fists and caused injuries with knife on the abdominal part of the deceased. It is submitted that one contusion wound was also found over the shoulder of the deceased. He submits that there are two eye witnesses of the incident namely Sunil and Durgesh. Therefore, he prays that the bail application may be rejected. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 7. Considering the facts and circumstances of the case, particularly considering the fact that first bail application was dismissed on merits by this Court vide order dated 13.05.2025 in MCRC No.3797/2025 and 4 there is no substantial change in the circumstances, therefore, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application of the applicants involved in Crime No. Crime No.525/2024, registered at Police Station- Tildra Neora, District Raipur (C.G.) for the offence punishable under Sections 103(A), 191(2), 190 of BNS and Sections 25(1-B)b, 27(1) of the Arms Act, is rejected. Sd/- (Arvind Kumar Verma) Judge Vasant