1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7633 of 2025 1 - Ledhu @ Shravan Yadav S/o Late Vijay Kumar Yadav Aged About 18 Years And 03 Months, R/o Ward No. 04, Dhobipara, Champa, District : Janjgir-Champa, Chhattisgarh. --- Appellant versus 1 - State of Chhattisgarh, Through - The Station House Officer, Police Of Police Station Champa, District : Janjgir-Champa, Chhattisgarh. --- Respondent For Applicant : Mr. Jitendra Shukla, Advocate. For State : Mr. Atanu Ghosh, Dy. G.A. MCRC No. 7589 of 2025 1 - Digambar Bareth S/o Devnarayan Bareth Aged About 20 Years R/o Village Dhobipara, Champa, P.S. Champa, Tahsil Champa, Distt. Janjgir Champa, Chhattisgarh. --- Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Champa, Distt. Janjgir Champa, Chhattisgarh. --- Respondent For Applicant : Mr. Kunwar Lal Sahu, Advocate. For State : Mr. Atanu Ghosh, Dy. G.A. Digitally signed by HEERA LAL SAHU Date: 2025.09.24 17:40:03 +0530 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 24/09/2025 1. Since both the MCRCs arise out of the same crime number 54/2025, they are being heard and disposed of by this common order. 2. Both are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 54/2025 registered at Police Station Champa, District Janjgir-Champa (C.G.), for the offence punishable under Sections 296, 351(3), 118(2), 190, 191(2)(3), 111(1), 109, 103, 103(2) of BNS, 2023 and Sections 25 & 27 of Arms Act. 3. As per the prosecution’s case, it is alleged against the present applicants that on 16.02.2025 at about 8:30 – 9:00 pm, along with other co-accused persons abuses and threatened for life to Ramdhan Patel and Sahil Patel and also assaulted with hands, belt and knife due to which Sahil Patel, and Ramdhan Patel sustained grievous injuries and subsequently, Ramdhan Patel died during the course of treatment. Based on this, offence has been registered against the present applicants and other co-accused persons. 3 4. Learned counsels for the applicants submit that the applicants are innocent and have been falsely implicated in this case. They further submit that there are a total of 10 accused persons in this case, out of which 3 accused persons are minors who have been granted bail and three major co-accused, namely Chandraprakash Yadav, Sagar Yadav and Durgesh @ Dadoo, have also been granted bail by this Court in MCRC No. 4638/2025 on 18.07.2025 and MCRC Nos. 6441/2025, 6473/2025 on 26.08.2025. They also submit that Ramdhan Patel has died, and the injured eye witness, Sahil Patel, turned hostile in his Court statement. The applicants have no criminal antecedents, and they are in jail since 19.02.2025. Only 9 witnesses out of 38 witnesses have been examined till date, and the trial is likely to take considerable time to conclude. Therefore, they pray for the grant of regular bail to the applicants. 5. On the other hand, learned counsel for the State opposed the bail application and submitted that the applicants, along with other co-accused persons, committed a heinous offence of murder. The applicant, namely Ledhu @ Shravan Yadav, has been named in the statement recorded under Section 161 of Cr.P.C. of deceased Ramdhan Patel, and there is a seizure of the alleged weapon of offence i.e. a knife from applicant Ledhu @ Shravan and a belt has been 4 seized from applicant Digambar Bareth; therefore, at this stage, they may not be enlarged on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and also considering the fact that in statement of deceased Ramdhan Patel recorded under Section 161 of Cr.P.C. the name of applicant Ledhu @ Shravan has mentioned but the name of applicant Digambar Bareth has not mentioned in his statement, as per postmortem report of the deceased Ramdhan Patel, he sustained multiple injuries with a sharp and pointed object and a knife has been seized from applicant Ledhu @ Shravan and further considering the fact that applicant Digambar Bareth has no criminal antecedents and is in custody since 19.02.2025, and the trial is likely to take considerable time, therefore, at this stage, without commenting on merits of the case, I am inclined to allow the bail application of applicant Digambar Bareth (applicant in MCRC No. 7589/2025), however, I am not inclined to allow the bail application of applicant Ledhu @ Shravan Yadav (applicant in MCRC No. 7633/2025). 8. Accordingly, the application (MCRC No. 7589/2025) is allowed and the application (MCRC No. 7633/2025) is rejected. It is directed that applicant Digambar Bareth 5 shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu