1 2025:CGHC:52483 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1934 of 2025 Kamesh Sahu S/o. Nandlal Sahu, Aged About 22 Years R/o. 377 Ward No. 52, Near Manas Bhawan, Borsi, Durg, Tehsil And District Durg (C.G.) (Address Completely Not Mentioned In Covering Memo Of Impugned Order) ... Appellant versus State of Chhattisgarh Through - Station House Officer, Police Station - Padmnabhpur, District Durg (C.G.) ... Respondent For Appellant : Mr. Prasoon Agrawal, Advocate For Respondent/State : Ms. Upasana Mehta, Dy. GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 28/10/2025 This appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act (hereinafter referred to as “Special Act”) has been filed against the order dated 11.08.2025 passed by the Special Judge Durg (CG) in connection with Crime No. 308/2024 registered at police station Padmnabhpur, District Durg (CG) for the offence punishable under Sections 103(1), 3(5), 61(2), 191(1), 191 (2), ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA 2 191(3) and 238 of BNS, 2023; Section 25 and 27 of the Arms Act and 3 (2)(v) and 3(1) (s) of the SC/ST (Prevention of Atrocities) Act 1989. 2. Case of the prosecution in brief is that on 13.08.2024, complainant filed a written complaint before the police authorities alleging that on 12.08.2024, at about 11.10 pm his nephew namely Shubham Bande was assaulted by Ravi Yadav and other co-accused persons with knife and other incriminating articles near Government School Borsi Bhanta as a result of which Shubham sustained grievous injuries on his stomach, head and back. He was immediately taken to hospital where the doctors declared him dead. FIR was lodged against Ravi Yadav by name and others on 13.08.2024 under Section 103(1) and 3(5) of the BNS 2023. Accused Ravi Yadav was arrested and on his memorandum statement, co- accused persons namely Sahil Yadav, Ritendra Yadav, Murali Yadav, Harish Mugari, Aman Bhatt, Dinesh Yadav, Om Prakash Dewangan, Komesh Sahu, Vedprakash Sahu and the present applicant were arrested. 3. Learned counsel for the appellant would submit that there is no evidence against the present appellant which would show that the appellant has committed the crime. He would next contend that there is no motive has been established by the prosecution to commit the crime. He would next contend that the appellant has no previous criminal record. He would next contend that the co-accused persons have been enlarged on bail by this Court in CRA No.510/2025 vide order dated 01/04/2025; CRA No.1129/2025 vide order dated 28/07/2025; CRA No.1381 of 2025 vide order dated 23/07/2025 and CRA No.1603 of 2025 vide order dated 25/08/2025 and would submit that the case of the present appellant is also 3 similar to that of the co-accused, therefore, he may also be granted bail. Lastly, he submits that the charge sheet has been filed, the appellant is in jail since 20.08.2024 and the trial will take sometime to conclude, therefore he would pray for grant of bail to the appellant. 4. Per contra, learned State counsel would oppose the prayer for grant of bail and would submit that the case of the appellant is not similar to the co-accused as the FSL of the appellant is positive and the blood has been found on the knife which was recovered from the appellant, therefore, it is not a case of parity and the five stab injuries have been found on the body of the deceased. 5. Complainant appeared through video conferencing from the concerned DLSA and has raised objection. 6. Heard counsel for the parties and considering the role played by the appellant in the crime as he has inflicted stab injury to the deceased and there are total five stab injuries on the vital part of the body of the deceased and the knife has been recovered on the basis of the memorandum statement of the appellant and the blood stains were found on the said knife and the FSL is also positive, in such circumstances it cannot be stated to be a case of parity from the co-accused, therefore, I am not inclined to allow this appeal and release the appellant on bail. 7. Accordingly, the instant criminal appeal is dismissed. SD/- Sd/- (Arvind Kumar Verma) Judge ashu