1 2025:CGHC:501 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8737 of 2024 1 - Mitesh Chouhan S/o Shri Angeshwar Chouhan Aged About 25 Years Parasnagar Kasdol Thana And Tahsil Kasdol District - Balodabazar Bhatapara (C.G.) (Nitesh Chouhan Wrongly Mentioned In Order ) (In Jail) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer Police Station Kasdol District - Balodabazar - Bhatapara (C.G.) ... Respondent For Applicant : Mr. Sunil Sahu, Advocate. For Respondent : Ms. Anuradha Jain, Panel Lawyer. (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 03/01/2025 1. The accused/applicant has preferred this first bail application under Section 483 of the Bhartiya Nagarik Suruksha Sanhita, 2023 for releasing him on regular bail in connection with Crime No. 1007/2022 registered at Police Station Kasdol, Distt. Balodabazar-Bhatapara (C.G.) for commission of offence punishable under Sections 294, 324, 326, 506, 147, 148 and 149 of the Indian Penal Code and Sections 25 & 27 of the Arms Act. (As per charge-sheet). 2 2. Case of the prosecution, in brief, is that due to dispute between two groups during election for the post of President of Janpad Panchayat, Kasdole, a scuffle took place between them. During scuffle, present applicant along with 10 other accused persons assaulted one Yogesh Banjare and caused him three injuries by means of knife and thereby committed the aforesaid offences. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in the instant case only because he was present on the spot, but his presence was there because after conclusion of election process, the applicant had gone to take dinner in the Hotel. It is contended that applicant did not involve in said incident and no incriminating article has been seized from him. The applicant is languishing in jail since 24.11.2024; this is first crime registered against the applicant and the charge-sheet has already been filed. It is contended further that two co-accused persons namely Vimal Ajay & Anil Dhritlahre have been granted regular bail by this Court vide order dated 13.04.2023 in M.Cr.C. No. 924 of 2023 whereas two another co-accused persons namely Raju Jaisawal & Vishal Sahu have been granted regular bail by the Coordinate Bench of this Court vide order dated 23.06.2023 passed in M.Cr.C. No. 3186 of 2023 and case of the present applicant is not serious, than those co-accused persons, therefore, the present applicant is also entitled for grant of bail on the ground of parity. 4. Per contra, counsel for the State opposes the bail application. However, on being enquired, she submits that as per case diary, no criminal antecedents have been reported against the present applicant. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Having heard learned counsel for the parties, having regard to the facts of the case, particularly, considering the fact that no incriminating articles have 3 been seized from the applicant, pre-trial detention of the applicant; and also considering the fact that four similarly situated co-accused persons have already been enlarged on regular bail and no criminal antecedents have been reported against the present applicant, this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. 7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Certified copy, as per rules. Sd/- (Naresh Kumar Chandravanshi) Judge Amit/- AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.01.04 17:28:56 +0530