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2025 DAILYLAW 41465 (CHH)

AMIT TIGGA v. STATE OF CHHATTISGARH

MCRC/6780/2025 · 2025-08-27

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:43786 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6780 of 2025 1 - Amit Tigga S/o Late Tarsisuyas Tigga Aged About 39 Years R/o- Village Dhodibahar, P.O. And P.S. Kansabel, District Jashpur, Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Officer-In Charge Police Station- Surajpur, District- Surajpur (C.G.) ... Respondent For Applicant : Mr. Ashutosh Mishra, Advocate and Mr. Jai Shanker Tiwari, Advocate appears through V.C. For Respondent-State : Mr. Pranjal Shukla, Panel lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 28/08/2025 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. 171/2025 registered at Police Station – Surajpur, District – Surajpur (C.G.) for offence punishable under Sections 103, 190 and 191(2) of BNS, 2023. 2. Case of prosecution in brief is that deceased was admitted to the Drug De-Addiction Centre/Rehabilitation Centre, Surajpur, Chhattisgarh and ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.08.29 12:24:53 +0530 2 was under going treatment. He was admitted only on 26.03.2025, however, on 29.03.2025 deceased Vijay Kumar wanted to make an attempt to escape the Rehabilitation Centre, upon which the co-accused Birendra Tenjing, an employee of the Rehabilitation Centre have tried to stop him and have also assaulted him by means of plastic pipe lying in the Rehabilitation Centre. When the deceased became aggressive, other persons including the applicant who was admitted in the Rehabilitation Centre for his treatment along with other have assaulted him by means of hands, fists and plastic fiber pipe. Deceased suffered grievous injuries and was taken to the hospital where during the course of treatment he died . Incident was reported to the concerned Police Station, based upon which FIR was registered and applicant was arrested on 07.07.2025. 3. Learned counsel for applicant would submit that applicant has not played any role in commission of aforementioned crime, his name is not mentioned in FIR, however, considering the memorandum statement of Birendra Tenjing, applicant has been made an accused and has been arrested. He is in jail since 07.04.2025. Hence, he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for applicant and further submits that there is specific allegation against applicant. He has also participated in the commission of crime which is recorded in CCTV fitted in the Rehabilitation Centre. The CCTV footage has been copied in a pen drive and is made part of the charge-sheet. Ram Lal Yadav In-charge Superintendent of Rehabilitation Centre in his statement recorded under 3 Section 180 of BNSS has clearly stated the participation of applicant in commission of aforementioned crime along with others is based upon the CCTV footage collected and similar is the statement of Vishnu Singh Shandilya. 5. I have heard learned counsel for the parties. 6. Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the respective parties, I do not find present to be a fit case to allow the application, accordingly, the application is dismissed. sd/- (Parth Prateem Sahu) JUDGE alfiza