1 2025:CGHC:48672 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7401 of 2025 1 - Santosh Kumar Bisi S/o Shri Naresh Kumar Bisi, Aged About 39 Years, R/o Village- Navapara Tenda, Thana And Tehsil - Gharghoda Distt- Raigarh (C.G.) ... Applicant versus 1 - State of Chhattisgarh Police Station Gharghoda, Distt- Raigarh (C.G.) ... Non-applicant/Respondent (Cause-title taken from Case Information System) For Applicant : Mr. Rajendra Patel, Advocate. For State/Non-applicant : Mr. Vivek Sharma, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 22-09-2025 1. Heard on the application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘B.N.S.S.’). This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 03-07-2025 in connection with Crime No.176/2025 registered at P.S. -Gharghoda, Distt.- Raigarh (C.G.) for the offence under Section 103(1), 49, 238, 3(5) of Bharatiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’). 2. The case of the prosecution is that, the co-accused Ravindra Rathiya committed murder of deceased Kapeshwar Rathiya in his house by giving repeated axe blow on his head. The merg was reported to the police and during investigation suspicion was raised upon the co-accused Ravindra Rathiya that on the issue of playing witchcraft and exorcism he committed murder of the deceased with the help of the co-accused Santosh Kumar Bisi, Digitally signed by MOHAMMED AADIL KHAN Date: 2025.09.22 19:28:27 +0530 2 i.e., the present applicant. On the memorandum statement of co-accused Ravindra Rathiya axe has been seized from him and the present applicant has also been arrested and after investigation charge sheet has been filed. 3. Learned counsel for the applicant would submit that the main accused is Ravindra Rathiya who committed murder of the deceased. At the time when the incident is said to have been committed neither the present applicant was present nor he performed any activity of witchcraft or exorcism, it is only alleged in the memorandum statement of the co-accused Ravindra Rathiya that the applicant instigated him that if he will not commit murder of deceased Kapeshwar, then the deceased will commit his murder. Thereafter, he had gone to his house along with axe and committed murder of the deceased. There is no role played by the applicant in the entire incident and there is no incriminating article seized from the present applicant and only on the basis of memorandum of co-accused Ravindra Rathiya he has been implicated in the offence. The applicant is in jail since 03-07-2025, charge sheet has been filed and final adjudication of the case will take its own time. Therefore, the applicant may be enlarged on bail. 4. Learned counsel for the State opposes the bail application and has submitted that from the memorandum statement of co-accused Ravindra Rathiya involvement of the applicant in the offence in question has been prima facie appears that he instigated the co-accused Ravindra Rathiya to commit murder of the deceased. Therefore, he is not entitled for bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions made by the learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering the statement of witnesses as well as the memorandum statement of co-accused Ravindra Rathiya, without commenting anything on merits of the case I am inclined to release the applicant on bail. 3 7. Consequently, the present application filed by the applicant for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on the following conditions :- (i) he shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court ; (ii) he shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial unless his personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Aadil