1 2025:CGHC:800 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9026 of 2024 1 - Vinay Pratap Thakur @ Ishu S/o Komal Singh Thakur Aged About 33 Years R/o Ward No. 11, Gali No. 4, Shankar Nagar Durg Police Station Mohan Nagar, Durg, Tahsil And District Durg Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Mohan Nagar, Durg, District : Durg, Chhattisgarh ... Respondent(s) For Applicant(s) : Shri Pushpendra Kumar Patel and Shri Dashrath Kushwaha, Advocates. For the State : Ms. Laxmeen Kashyap, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 06/01/2025 1. The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.114/2023 registered at Police Station Mohan Nagar, Durg, District Durg (C.G.) for the offence punishable under Sections 302, 323 of IPC. 2. Case of the prosecution in brief is that on 28.02.2023 at 04.00 am a complaint was lodged by Komal Singh Thakur, who is father of the NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.09 10:36:50 +0530 2 applicant/accused that applicant beat up his brother Vivek alias Goldy Thakur with his hands and fists. After that, the accused Vinay Pratap Singh locked the Komal Singh and his wife in a room of the house and went to his elder brother Vishwajit's room and started beating to Vishwajit with his hands and fists. On opening the door, it was seen that Vishwajit Singh was lying dead in his room. 3. Learned counsel for the applicant submits that applicant is brother of the deceased and he has neither murder of his brother nor has committed any offence as alleged by the prosecution, the applicant has falsely implicated in the present case only on previous family dispute between the applicant and deceased, there is no eye witness, he is in jail since 28/02/2023, hence, he may be released on bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that offence committed by applicant is of grievous nature. Hence, he is not entitled for grant of bail. 5. Heard learned counsel for both the parties. 6. Considering the entire facts and circumstances of the case, looking to the nature of serious offence, charge has been framed against the applicant/accused under Sections 323, 302 IPC for murdering the deceased Vishwajit Singh alias Golu and assaulting Vivek alias Goldy Thakur, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant Vinay Pratap Thakur @ Ishu filed under Section 483 of BNSS involved in Crime 3 No.114/2023 registered at Police Station Mohan Nagar, Durg, District Durg (C.G.) for the offence punishable under Sections 302, 323 of IPC, is rejected. Sd/- (Arvind Kumar Verma) JUDGE Kamde