1 2025:CGHC:561 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8338 of 2024 Vijay Nirmalkar @ Sadhu S/o Prakash Nirmalkar Aged About 28 Years R/o Zone 02 Khursipar Sector 11 Road No. 33, Quarter No. 1/e Near Anil Kirana Shop Khursipar Bhilai, Tahsil And District Durg, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer Purani Bhilai, Durg, Chhattisgarh. ... Respondent(s) For Applicant : Mr. Aman Pandey, Advocate For Respondent : Mr. Pramod Shrivastava, Dy. G.A. Hon'ble Shri Justice Sachin Singh Rajput Order On Board 06.01.2025 1. The applicant has filed this first bail application under Section 483 of B.N.S.S. for grant of regular bail as he is in custody since 10.09.2022 in connection with Crime No. 415/2022 registered at police station Purani Bhilai, District Durg (CG) for the offence punishable under Sections 302, 34 of IPC and Sections 25 and 27 of the Arms Act. 2. Case of prosecution in brief is that on 10.09.2022 a fight erupted between two group of friends and due to the aforesaid fight Rajendra Bagh assaulted the deceased Ashok Soni with sharped object due to which he sustained injuries. It is submitted that later on Akash Soni succumbed to his injuries at the Hospital however, the other persons were also injured including the Applicant and other accused persons. It is pertinent to note here that on the basis of the aforesaid incident two FIRs bearing 415 of 2024 and 414 of 2024 were registered against the Applicant and other co-accused persons and the Complainant and deceased persons. 2 3. Learned counsel for the applicant submits that allegation against the applicant is with regard to assault on the injured by hands and fists. He further submits that there are total 5 eye witnesses projected in the charge-sheet and out of which 4 witnesses have been examined and they have not supported the case of the prosecution. He further submits that the other eye-witness namely Manjit Singh is not turning up despite of bailable warrant and non-bailable warrant being issued against him. He submits that even looking to his statement under Section 161 of CrPC, there is no allegation of any assault against the present applicant. He submits that the applicant is languishing in jail since 10.09.2022 and trial has not concluded as yet. Therefore, considering the aspect of the matter, the application may be allowed. 4. On the other hand, learned counsel for the State opposes the bail application. 5. I have heard learned counsel for the applicant and perused the record. 6. Be that as it may, considering the facts and circumstances of the case, considering the rival submissions made by counsel for parties, looking to the detention period, evidence collected on record and trial is likely to take sometime , I am inclined to allow this bail application. 7. Accordingly, the bail application filed by applicant is allowed and it is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court. He shall appear before the concerned police station on 1st Monday in every month till disposal of the trial. He shall not influence the witnesses or temper with the evidence. 8. It is made clear that the observations made hereinabove is only for the purpose of deciding the bail application and the trial Court will decide the case on its own merit without being influenced by any observation made hereinabove. It is also made clear that the victim/complainant or State is at liberty to move an application regarding cancellation of bail of the applicant in the event of applicant involving himself in any offence in future or violates any conditions. 9. Certified copy as per rules. Sd/- (Sachin Singh Rajput) Judge H.Ansari