1 2025:CGHC:53056 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8304 of 2025 Ankit Agrawal S/o Late Bijendra Agrawal Aged About 33 Years R/o Sanjay Nagar, Behind Sarla Virla, P.S. Chakradharnagar, Distt. Raigarh, Chhattisgarh. ... Applicant versus The State of Chhattisgarh through the Station House Officer of P.S. Chakradhar Nagar, Distt. Raigarh, C.G., (Wrongly Mentioned as P.S. City Kotwali, Distt. Raigarh in M.Cr.C. No. 5728/2025) ... Respondent For the petitioner : Mr. Roop Naik, Advocate For the State : Mr. Ankur Kashyap, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 30.10.2025 1. This is Second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No.131/2025 registered at Police Station Chakradharnagar, District Raigarh (CG) for the offence punishable under Section 103(1) of BNS, 2003. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2025.10.31 14:29:57 +0530 2 2. The first bail application (MCRC No. 5728/2025) has been rejected on 08.08.2025. 3. The prosecution story in brief is that on receipt of information about the death of deceased, the police inspected the place of incident and on enquiry, witnesses Asif Ali, Abdul Sattar, Hafiz Ahmed told that on 13.03.2025 at about 19.45 p.m., an unknown person assaulted the deceased and fell him on the ground and kicked him on the neck and chest. The statement of witnesses were recorded and the CCTV footage installed there was examined. After showing the CCTV footage to several persons, the accused was identified as Ankit Agrawal, the present applicant. The memorandum statements recorded by the police shows that on 13.03.2025 the applicant had gone out with his wife on his scooty and to buy some goods and when a person teased his wife, he chased him and assaulted him with hands and fists in Bhainsakotha Gali and left him there. 4. Learned counsel for the applicant submits that the eye-witnesses P.W.6 Abdul Sattar and P.W.7 Asif Ali have been examined and they turned hostile to the prosecution case. He submits that no seizure was made from the applicant and only on the basis of his memorandum statement he was taken into custody. He submits that the applicant is in jail since 28.03.2025 and till date out of a total 18 witnesses, only 9 have been examined and and there is no immediate possibility of disposal of case, therefore, the applicant may be enlarged on bail, at this stage. 5. Per contra, learned State Counsel opposes the bail application and submits that though it is mentioned in FIR that there are three eye witnesses but except the statements of two eye witnesses namely Abdul Sattar (P.W.6) and Asif Ali (P.W.7) who have been examined, there is no other eye-witness in this case. 6. Having considered the submissions made by learned counsel for the parties and court statements of alleged eye-witnesses P.W.6 and P.W.7 as 3 also the fact that the trial is likely to take time, without observing anything on merits of the case, I am inclined to release the applicant on regular bail at this stage. 7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed in that behalf. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao