1 2025:CGHC:5923 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8995 of 2024 1 - Deepak Dhimar S/o Shri Latelu Dhimar Aged About 21 Years R/o Parshu Ram Ward No. 6 Bhatapara Ps Bhatapara City District Balodabazar-Bhatapara Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through - Sho Bhatapara City, District - Balodabazar- Bhatapara Chhattisgarh ... Non-applicant For Applicant : Mr. Vijay Shankar Mishra, Advocate For Res./State : Mr. Atanu Gosh, Deputy Government Advocate Hon’ble Shri Justice Ravindra Kumar Agrawal Order on Board 31.01.2025 1. This is the first bail application filed under Section 483 of B.N. S. S. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 232 of 2024 registered at Police Station – Bhatapara City, District- Balodabazar- Batapara (C.G.), for the offence punishable under Sections 302, 147, 149 of the IPC. 2. Case of the prosecution, in brief, is that on 03.05.2024, at about 5.30 am complainant- Tanesh Kumar Dhruv was informed through telephone 2 by one Manju Singh that Raju Jaiswal (since deceased) is lying in front of his house in injured condition. Then, the complainant went there and took Raju Jaiswal to the Government Hospital, Bhatapara, and during treatment, he died at about 1.00 pm on the same day. Thereafter, an FIR was registered for the offence under Section 302 of the IPC against unknown persons. In the postmortem report, cause of death was opined that the deceased died due to head injury sustained by him, and its complications. The statements of witnesses have been recorded, in which, witness namely- Smt. Shanti Gupta, and Jyoti Gupta have stated that they witnessed the incident, the co-accused namely -Raju Dhruv, and other co-accused Kamesh @ Eppi Yadav were assaulting the deceased by hockey stick, hands and fists, and with chappal. Thereafter, the deceased, in injured condition, was being taken from there on Motorcycle by the present applicant and his friends. The accused persons have been taken into custody, their memorandum statements were recorded. From co-accused- Mukesh Mahar, one Motorcycle has been seized, from co-accused- Raju Dhruv, on pair of Chhappal has been seized by the Police, and from the co-accused- Kamesh @ Eppi Yadav, one Motorcycle and Hockey stick have been seized by the Police. The present applicant alongwith other co-accused persons have been arrested on 05.05.2024, and charge-sheet has been filed against total five accused persons, including the present applicant. 3. It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the crime in question. He would further submit that the deceased was found in injured condition in front of his house and there was no witness who had seen the present applicant assaulting the deceased. The name of the present applicant 3 came in the memorandum statement of other co-accused persons who disclosed that the deceased was being taken on the Motorcycle of Co- accused Mukesh Mahar with the help of the present applicant, rather there is only allegation against him is that he carried the deceased in injured condition from the spot, where the co-accused- Kamesh @ Eppi and Raju Dhruv assaulted the deceased. The weapon of offence has not been seized from the present applicant. It is also argued that this Court vide its order dated 12.11.2024, the similarly situated co-accused persons namely Mukesh Mahar and Ashwani Sahu have been granted bail in MCRC No. 5373 of 2024 and MCRC No. 5404 of 2024 respectively. The present applicant is in jail since 05.05.2024, investigation has been completed and charge-sheet has been filed and final adjudication of the case will take its own time. Hence, the applicant may be enlarged on bail. 4. On the other hand, learned State counsel, opposed the bail application and would submit that from the statements of Smt. Shanti Gupta and Jyoti Gupta who have seen the assault made by the other co-accused persons namely Raju Dhruv and Kamesh @ Eppi Yadav by Hockey stick, hands and fists and Chappal by which the deceased received injuries. Thereafter, he was taken to the hospital in that condition by the present applicant alongwith other co-accused- Mukesh Mahar and they had gone together alongwith the person who assaulted the deceased, therefore, there is sufÏcient evidence in the chargesheet, against the present applicant and he is not entitled for grant of bail. However, he does not dispute that the case of the present applicant is similar to the case of other co-accused who have been granted bail by this Court on 12.11.2024 in MCRC No.5373 of 2024 and other connected matters. 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly, considering the statement of eyewitness namely- Smt. Shanti Gupta, Jyoti Gupta and Premlal @ Munna and also considering the material collected during the investigation that there is no allegation of assault made by the witnesses against the present applicant no weapon of offence was seized from the possession of the present applicant and that the similarly situated co-accused persons namely- Mukesh Mahar and Ashwani Sahu have been granted bail by the order passed by this Court on 12.11.2024 in MCRC No. 5373 of 2024 and MCRC No. 5404 of 2024 respectively, the applicant is in jail since 05.05.2024, chargesheet has been filed, conclusion of trial may take some more time, without commenting anything on merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Consequently, this application filed by the applicant- Deepak Dhimar 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. 25,000/- with one surety of the like sum to the satisfaction of the concerned trial Court, for his appearance on each date of hearing of the case during trial, unless exempted by the learned trial Court. Applicant shall also abide by the following conditions: (i) That the applicant 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 them from disclosing such facts to the Court or to any Police OfÏcer; (ii) that the applicant not act, in any manner, which will be prejudicial to fair and expeditious trial; and 5 (iii)that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial . Sd/- Sd/- (Ravindra Kumar Agrawal) Judge Digitally signed by AMITA DUBEY Date: 2025.02.04 10:25:08 +0530