1 2025:CGHC:47613 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7045 of 2025 1 - Abhishek Dhale S/o Late Shri Hemsingh Dhale Aged About 22 Years R/o Village - Rengakathera Thana - Mohla, Distt. Mohla-Manpur-Ambagarh Chowki Chhattisgarh 2 - Sanjay Dhale S/o Late Shri Hemsingh Dhale Aged About 19 Years R/o Village - Rengakathera Thana - Mohla, Distt. Mohla-Manpur-Ambagarh Chowki Chhattisgarh ... Applicants versus 1 - State of Chhattisgarh Through Station House Officer, Police Station - Mohla, Distt. - Mohla-Manpur-Ambagarh Chowki Chhattisgarh ... Non-applicant/Respondent (Cause-title taken from Case Information System) For Applicants : Mr. Khilendra Sahu, Advocate. For State/Non-applicant : Ms. Sunita Manikpuri, Deputy Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 16-09-2025 1. This is the first bail application filed by the applicants under Section 483 of B.N.S.S., 2023 before this Court for grant of regular bail. The applicants have been arrested on 03-11-2024 in connection with Crime No.101/2024 registered at Police Station- Mohla, Distt. - Mohla-Manpur-Ambagarh Chowki Chhattisgarh for the offence under Section 103(1)/3(5) of B.N.S. 2. the prosecution case is that on 02-11-2024 at about 06:30 p.m. the applicants have assaulted deceased Hemsingh by iron rod and pipe by which he received multiple injuries and has died. The merg intimation was reported to the police. The incident is witnessed by Khublal and Chiman Sai. The police has Digitally signed by MOHAMMED AADIL KHAN Date: 2025.09.18 19:30:37 +0530 2 registered the offence under Section 103(1) and 3(5) of B.N.S., 2023 against the applicants and they have been arrested and after investigation charge sheet has been filed. 3. Learned counsel for the applicants would submit that the deceased was father of the applicants who was harassing the mother of the applicants by which the applicants enraged and tried to stop him to not to harass their mother, the deceased was in drunken state of liquor and he fell down by which he received injuries and has died, but on suspicion they lodged the report against the present applicants. The witnesses have not supported the prosecution’s case and have turned hostile. The applicants are in jail since 03-11-2024 and final adjudication of the case will take its own time. Therefore, the applicants may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes the application and has submitted that there are two eye-witnesses to the incident, namely, Khublal and Chiman Sai, out of which Chiman Sai has been examined and he partially supported the prosecution’s case, however, Khublal is yet to be examined. Out of 15 cited witnesses 5 witnesses have been examined in the trial and the trial is at advanced stage. The deceased was father of the applicants and the weapon of offence, i.e., iron pipe has been seized from applicant No.1 Abhishek Dhale and iron rod has been seized from appellant No.2 Sanjay Dhale. There are sufficient evidence against the present applicants in the charge sheet. Therefore, they are not entitled for bail. 5. I have heard counsel for the parties and perused the material annexed with the bail application. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering gravity of the offence and the facts that 5 witnesses have been examined out of which one eye-witness Khublal is yet to 3 be examined, I am not inclined to release the applicants on bail. Accordingly, the present bail application filed by the applicants for grant of regular bail is rejected. Sd/- (Ravindra Kumar Agrawal) Judge Aadil