1 2025:CGHC:50403 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7493 of 2025 1 - Ashish Yadav S/o Late Dinanath Yadav, Aged About 23 Years, Occupation Private Job, R/o Village- Rakeli, Police Station And Tehsil- Udaipur, District Sarguja, Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station Udaipur, District Sarguja, Chhattisgarh ... Non-applicant (Cause-title taken from Case Information System) For Applicant : Mr. Siddharth Pandey, Advocate. For State/Non-applicant : Mr. Sanjiv Pandey, Deputy Advocate General. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 09-10-2025 1. Heard on the application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 08-05-2025 in connection with Crime No.75/2025 registered at Police Station Udaipur, District Sarguja, Chhattisgarh for the offence under Section 103, 115, 117(1), 190 and 191(3) of the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’). 2. The case of the prosecution is that, on 07-05-2025 a report has been lodged by the complainant Mahesh Kumar Yadav who is cousin of deceased Sonu Yadav with the effect that on 06-05-2025 he along with the deceased and other family members had gone in a marriage function at village Rakeli and when they went near pond to answer the call of nature the accused persons came there and started assaulting them by lathi, axe and crow bar. By the assault made by the accused Digitally signed by MOHAMMED AADIL KHAN Date: 2025.10.10 11:43:05 +0530 2 persons Sonu Yadav died and they received injuries. The FIR has been registered and after investigation charge sheet has been filed. 3. Learned counsel for the applicant would submit that from the applicant there is no seizure of any weapon of offence as alleged by the prosecution and there is no active participation of the applicant in the assault made by other accused persons. Only on the ground that he being closely related with the other accused persons his name has also been included in the FIR. There are general and omnibus allegations against the applicant. He is in jail since 08-05-2025 and final adjudication of the case will take its own time. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State opposes the submissions made by learned counsel for the applicant and would submit that there are three injured eye-witnesses, namely, Asha Yadav, Mahesh Yadav and Vijay Yadav who categorically stated about the assault made by the accused persons upon deceased Sonu Yadav and them, the involvement of the present applicant is clearly reflected from their statement. A number of injuries have been found on the body of the deceased. Therefore, the applicant is not entitled for bail. 5. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation against the present applicant, further considering the statement of three eye- witnesses, namely, Asha Yadav, Mhesh Yadav and Vijay Yadav, I am not inclined to release the present applicant on bail. 6. Accordingly, the present application filed by the applicant for grant of regular bail is rejected. Sd/- (Ravindra Kumar Agrawal) Judge Aadil