1 2025:CGHC:709 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8389 of 2024 Aman Sonkar, aged about 33 years s/o. Shri Omprakash r/o. Dayalbandh, near Gurunanak School, PS Civil Lines, Distt. Bilaspur (CG). Versus. State of Chhattisgarh through PS City Sarkanda, Distt. Bilaspur (CG). & MCRC No. 8400 of 2024 • Shahrukh Ali @ Sadik S/o Sher Khan, Aged About 25 Years R/o Chantidih, Melapara, Irani Mohalla, Sarkanda, P.S.-Sarkanda, District-Bilaspur (C.G.) --- Applicant. versus • State Of Chhattisgarh Through- P.S.-Sarkanda, Bilaspur, District- Bilaspur (C.G.) --- Respondent For applicants : Mr. Anway Tiwari & Ms. Priyanka Shuikla, Advocates For Respondent/State. : Mr. Ankur Kashyap, Dy. Govt. Advocate 2 (Hon’ble Mr. Justice Narendra Kumar Vyas) Order on Board 06/01/2025 1. Since both the bail applications arise out of same Crime No. 469 of 2024 and common facts are involved, they are heard analogously and are being disposed of by this common order. 2. The applicants have preferred the second bail applications under Section 483 of BNSS 2023 for grant of regular bail as they have been arrested on 23-4-2024 & 8-5-2024 in connection with Crime No. 469 of 2024 registered at Police Station – Sarkanda, Bilaspur (CG) for alleged commission of offences under Sections 147, 148, 149, 341, 2955-A & 153-A of IPC and Sections 25 & 27 of the Arms Act. . First bail application of the applicants were rejected by this Court vide order dated 9-7-2024. 3. The case of the prosecution, in brief, is that the complainant lodged a report in Police Station Sarkanda alleging that on 23-4-2024 on the eve of Hanuman Jayanti, present applicants along with other co-accused dancing in DJ showing arms in their hands and insulted the Hindu Gods, tied to hurt Hindu religious sentiments and abused Hindu caste also and it is also case of the prosecution that on the eve of festival, complainant had gone to river view where accused along with other co-accused persons abused Hindu Gods. On the basis of the report lodged by the complainant, Police have registered the aforesaid offence against the applicants. 4. Learned counsel for the applicants would submit that the applicants have been falsely implicated and they have not committed any offence. They would further submit that the complainant turned hostile and he has not supported the case of prosecution and the person who has given memorandum statement has also denied the fact and has been turned 3 hostile.. They would further submit that the applicant's mother is only one member to look after the family therefore, if the applicants are not released on bail, the whole family of the applicants will be difficult. They would further submit that Ashok Pandey has also denied the case of the prosecution as he has not identified the accused.. They would further submit that the prosecution witnesses have turned hostile and they have not supported the case of the prosecution and other co-accused persons have already been granted bail by the trial Court. They would further submit that the applicants are in jail since 23-4-2024 and 8-5-2024 and trial is likely to take sometime, therefore, the applicants may be granted bail. 5. On the other hand, learned State counsel though opposes the bail application of the applicant would submit that the prosecution has collected sufficient material and looking to the gravity of the offence the accused have been charge sheeted for commission of offence under Sections 153 of IPC promoting enmity between the groups. He would further submit that the statements of,the witnesses were recorded under Section 161 of the Cr.P.C wherein it has been stated that on the date of incident the applicants were disturbing the peace and harmony of local area and abused Hindu Gods showing swords in their hands, therefore, looking to the gravity of the offence, and also fact that though the accused persons have past criminal antecedents, but in one of the case, accused Sonkar has already been granted bail by coordinate Bench of this Court, he would pray for dismissal of the bail applications. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the manner in which the offence has been committed by the applicants and disturbed the peace and public tranquility of the area and further considering the fact that the applicants having arms in their hands, used highly inflammatory and derogatory words against the Hindu religion, Hindu Gods and Goddesses 4 causing a deep sense of hurt to the complainant which is sufficient to disturb peace and tranquility of the area and looking to the past criminal antecedents of the applicants, I am not inclined to grant bail to the applicants. Accordingly, both the bail applications are ejected. Certified copy as per rules. Sd/- (Narendra Kumar Vyas) JUDGE Raju RAVVA SATYANARAYANA RAJU Digitally signed by RAVVA SATYANARAYANA RAJU Date: 2025.01.08 10:51:52 +0530