1 2025:CGHC:51854 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8438 of 2025 Aman Sagar S/o Puran Sagar Aged About 20 Years R/o Ganesh Nagar Nayapara, Sirgitti,police Station Sirgitti, District Bilaspur C.G. ... Applicant versus State Of Chhattisgarh Through Police Station Sirgitti, District Bilaspur C.G. ... Respondent For Applicant : Mr. Shashank Upadhyay, Advocate For Respondent/State : Mr. Neeraj Sharma, Deputy Advocate General Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 17/10/2025 1. Applicant has filed this second bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS”) for grant of regular bail as he has been arrested in connection with Crime No.351 of 2023 registered at Police Station –Sirgitti, District- Bilaspur (CG) for offence punishable under Sections 147, 148, 149 ,302, 34 of IPC and Sections 25 & 27 of the Arms Act. First bail application of the present applicant was dismissed as withdrawn vide order dated 28.03.2024 in MCRC No. 1888 of 2024. 2. Case of the prosecution, in brief, is that on 16.05.2023 at about 6:00 P.M., Monu @ Pawan Soni was standing in front of Betel Shop (Pan Shop) of Pintu ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.10.17 17:12:08 +0530 2 Yadav, at that relevant point of time, Ramu Yadav along with 12 other co- accused persons came there armed with sharp edged weapons and club and have started assaulting the deceased Pawan Soni due to which, he suffered injuries over his person and succumbed to his injuries on the spot. The incident was reported to the concerned police station, upon which, aforementioned crime was registered and the applicant was arrested on 18.05.2023. 3. Learned counsel for applicant would submit that applicant is innocent and he has been falsely implicated in the present case. He further submits that material witnesses have now been examined and they have not supported the case of prosecution. He also submits that case of the prosecution is that there are 04 eye witnesses namely Ajay Yadav, Pintu Yadav, Suresh Soni(father of deceased) and Akash Dhruv. All the eye witnesses have now been examined. Copy of the deposition of witnesses Suresh Soni (PW-01), Saroj Soni (PW-02)/(mother of deceased), Pintu Yadav (PW-07) and Akash Dhruv (PW-09) is enclosed along with the bail application. Applicant is in jail since 18.05.2023, hence has completed more than two years pre-trial detention period. He lastly pointed out that on identical facts of the case, one Santosh Yadav and Irfan Khan where enlarged on bail by this Court in MCRC No. 5403/2023 and MCRC 6660/2023 respectively. Hence he may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes the submission made by learned counsel for applicant and would submit that during the course of investigation, based on the memorandum statement of the co- accused. One knife and bambook stick has been seized from the present applicant. Hence he may not be enlarged on bail. 5.I have heard learned counsel for the parties and also perused the documents placed along with this bail application. 6.Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the respective parties and further that the eye witnesses of the present case have mentioned the 3 involvement of applicant in the present crime in their deposition, therefore, I do not find present to be a fit case to allow the application, accordingly, application is dismissed. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge Alfiza