1 2025:CGHC:50995 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7270 of 2025 1 - Ugesh @ Yogesh @ Gabbu S/o Raju Dahariya, Aged About 19 Years, R/o Gudhiyari, District- Raipur Chhattisgarh. 2 - Sanjay Dahariya @ Bathwa S/o Raju Dahariya, Aged About 32 Years, R/o Gudhiyari, District- Raipur Chhattisgarh. 3 - Ghasiram Dahariya @ Chukri S/o Raju Dahariya, Aged About 19 Years, R/o Gudhiyari, District- Raipur Chhattisgarh. ... Applicants versus 1 - State of Chhattisgarh Through- Station House Officer, Police Station- Gudhiyari, District- Raipur Chhattisgarh. ...Respondent/ Non-applicant (Cause-title taken from Case Information System) For Applicants : Ms. Divya Sahu, Advocate. For State/Non-applicant : Ms. Sunita Manikpuri, Deputy Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 13-10-2025 1. Heard on the application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023. This is first bail application before this Court filed by the applicants for grant of regular bail. The applicants have been arrested on 12-01-2025 in connection with Crime No.10/2025 registered at Police Station Gudhiyari, District- Raipur, Chhattisgarh for the offence under Section 103(1), 238, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’). 2. The case of the prosecution is that, on 28-12-2024 at about 7-8 p.m. accused persons assaulted deceased Satyanarayan by lathi, hands and fists and left him to his house. In the next morning he was found dead. Merg intimation was given to Digitally signed by MOHAMMED AADIL KHAN Date: 2025.10.14 19:37:19 +0530 2 the police and in the postmortem cause of death was opined due to head injury. The FIR was registered and during the investigation statement of witnesses have been recorded. The applicants have been arrested and charge sheet has been filed. 3. Learned counsel for the applicants would submit that the applicants are innocent and they have been falsely implicated in the offence. Prior to the present incident the deceased was assaulting the nephew of the applicants to which they protested not to assault their nephew and therefore in that scuffle he fell down on the ground and received injuries on his head. The applicants are in jail since 12-01- 2025 and till date trial of the case has not concluded and it will take its own time. Therefore, the present applicants may be enlarged on bail. 4. On the other hand, learned counsel appearing for the State opposes and has submitted that there are three eye-witnesses, namely, Rishabh Kosaley, Aryan Markande and Romi Dhritlahare who saw the incident assaulting the deceased by the applicants. Cause of death is also due to his head injury. Out of total 22 witnesses 14 witnesses have already been examined and therefore, at this advanced stage of trial the applicants are not entitled for bail. 5. I have heard learned counsel for the parties and perused the documents annexed with the petition. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, considering the statement of three eye-witnesses, namely, Rishabh Kosaley, Aryan Markande and Romi Dhritlahare and further that trial is at advanced stage and 14 witnesses have already been examined, I am not inclined to release the the applicants on bail. 7. Accordingly, the present application filed by the applicants for grant of regular bail is rejected. Sd/- (Ravindra Kumar Agrawal) Judge Aadil