1 2025:CGHC:52125 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7958 of 2025 1 - Ravi Tiwari Alias Ishwar Prasad S/o Vyas Narayan Tiwari Aged About 24 Years R/o Nayapara W.No. 19 Dharashhiv P.S. Pamgarh Dist. Janjgir Champa (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through- P.S. Sakri, District Bilaspur (C.G.) ... Respondent For Applicant : Mr. Achyut Tiwari, Advocate For Respondent : Mr. Santosh Soni, GA Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 27/10/2025 1. This is the second application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.641/2022 registered at Police Station Sakri, District Bilaspur (C.G) for the offence under Sections 302, 34, 120B & 201 of the IPC and Sections 25 & 27 of the Arms Act. 2. The first bail application of the applicant was dismissed as withdrawn with liberty to revive the prayer after examination of the material PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.10.27 15:18:12 +0530 2 witnesses vide the order dated 18.07.2023 passed in MCRC No.4757/2023. 3. Prosecution case, in brief, is that the present applicant in connivance with other co-accused persons was responsible in killing of deceased Sanju Tripathi on 14.12.2022 at around 04:15 pm. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He submits that there is no clinching evidence available against the present applicant though it has been alleged by the prosecution that one mobile belonging to the applicant was used by shooter, namely Danish, but no such mobile phone has been recovered. He would submit that the other allegation against the present applicant is that he was allegedly sitting in the car, which was used in the commission of the offence. He would further submit that a similarly situated co-accused, namely Ashish Tiwari has already been enlarged on bail by this Court vide order dated 07.07.2025 passed in MCRC No.4268/2025. He further submits that the material witnesses have been examined, however, they have not stated anything against the present applicant. He would further submit that some of the co-accused namely Aman Gupta, Kedar Singh, Sumit Nirmalkar, Rajendra Thakur and Jay Narayan Tripathi have already been enlarged on bail by the Hon’ble Supreme Court and other co-accused namely Sumitra Tripathi, Kalyani Tiwari, Ramesh Rajput, Abhishek Mishra, Yusuf Hussain and Sawan Pathak have been granted bail by this Court, while co-accused Ravi Singh Rajput has been enlarged on bail by the Sessions Court. Lastly, he would submit that the present applicant is 3 behind bars for more than 2 and a half years i.e. since 19.12.2022 and conclusion of trial is likely to take considerable time. Therefore, considering all these aspects, the applicant may be enlarged on bail. 5. Per contra, learned State counsel opposes the aforesaid submissions. However, he fairly admits that there are no previous criminal antecedents against the present applicant and that the case of the present applicant is similar to that of co-accused Ashish Tiwari, who has already been granted the benefit of bail. 6. Having considered the submissions of learned counsel for the parties and particularly considering that one of the similarly situated co-accused Ashish Tiwari has already been enlarged on bail by this Court vide order dated 07.07.2025 passed in MCRC No.4268/2025; the pre-trial detention of more than 2 years; the fact that there are no previous criminal antecedents against the applicant; and further considering that some of the co-accused persons have already been granted bail and the conclusion of trial is likely to take considerable time, I am inclined to release the applicant on bail. 7. Accordingly, the Application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.1,00,000/- (One Lakh only) with two sureties of the like sum to the satisfaction of the concerned trial Court for his appearance before the concerned Court on each hearing, he be released on bail. Sd/- (Deepak Kumar Tiwari) Judge Priyanka