1 2025:CGHC:48852 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7335 of 2025 Sahil Das Mahant, S/o Chandrika Das, aged about 21 years, R/o Premnagar, Rajgamar, Chowki Rajgamar, P.S. Balco Nagar, District Korba (C.G.) ... Applicant versus State of Chhattisgarh Through Chowki Rajgamar, Police Station Balco Nagar, District Korba (C.G.) ... Respondent For Applicant : Mr. Anshul Tiwari, Advocate For Respondent/State : Mr. Atanu Ghosh, Dy. G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 23/09/2025 1. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 202/2025, registered at Chowki Rajgamar, Police Station – Balco Nagar, District- Korba (C.G.) for offence punishable under Sections 103(1), 61(2), 238 R/w Section 3 (5) of BNS. 2. The prosecution story, in short, is that on the date of incident, i.e., 14- 03-2025, during the festival of Holi, a dispute arose between the SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.09.24 11:52:19 +0530 2 deceased Anil Yadav and co-accused Arpit Agrawal at Rajgamar, which subsequently led to a physical assault upon Anil Yadav by the applicant and other co-accused. Due to the said assault, Anil Yadav became unconscious, following which the applicant and other co-accused carried him and left him near the roadside. Upon receiving information, the police patrolling vehicle reached the spot and Anil Yadav was taken to the hospital for treatment, where the attending doctor declared him dead. Based on the information obtained from the CCTV footage, an offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. It is further submitted that at the time of incident, the deceased had consumed alcohol. As per the the postmortem report, the injuries caused to the deceased were simple in nature. As per the Doctor’s opinion, the deceased already suffering from heart decease. The Counsel further submits that it is not possible that the deceased died due to the assault committed by the applicant. He further submits that there are total 5 accused in this case out of which 2 are absconding, 2 have filed the bail applications and one other co-accused Upanshu Das @ Yash Das has already been granted bail by this Court vide order dated 25.08.2025 passed in MCRC No.5915/2025. The case of the applicant is similar to the case of the co-accused. The applicant is in jail since 03.04.2025, out of 30 prosecution witnesses only 1 has been examined till date and the trial is likely to take time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that the applicant along with his associates assaulted the deceased due to which he died, therefore, looking to the act committed by the Applicant, at this stage, he may not be released on bail. 5. Wife of deceased Anil Yadav is also present before this Court today and objected the bail application of the applicant. 6. I have heard learned Counsel appearing for the parties as also wife of the deceased and perused the material available on record. 3 7. Taking into account the facts and circumstances of the case, the evidence gathered by the prosecution, the applicant's period of detention, and the absence of any eyewitness, coupled with the nature of the assault being with hands and fists, and further noting that co- accused Upanshu Das @ Yash Das has already been granted bail by this Court under similar circumstances, and considering the likelihood of the trial taking considerable time to conclude, I find it appropriate to grant bail to the applicant without delving into the merits of the case. 8. Accordingly, the bail application is Allowed. 9. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham