1 2025:CGHC:15552 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2047 of 2025 1 - Ritik Keshwani @ Babbu S/o Shri Chandrabhan Keshwani, Aged About 23 Years, R/o Ganga Vihar, Gali No. 04, Police Station New Rajendra Nagar, District Raipur (C.G.) --- Applicant versus 1 - State of Chhattisgarh Through Police Tikarapara, District Raipur (C.G.) --- Non-applicant MCRC No. 2080 of 2025 1 - Ravi Tondey S/o Sushil Tondey, Aged About 28 Years, R/o Village Dunda, P.S. Mujgahan, District Raipur Chhattisgarh. ---Applicant Versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Tikrapara, District Raipur Chhattisgarh. ---Non-applicant For Applicants : Mr. Pushpendra Kumar Patel, Advocate. For State/Non-applicant : Ms. Sunita Manikpuri, Deputy Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 02-04-2025 1. As both these applications arise out of the same crime number, they are being decided by this common order. 2. The applicants have filed these application under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 which are their first bail application before this Court for grant of regular bail. The applicant Ritik Keshwani @ Babbu has been arrested on 24-04-2024 and applicant Ravi Tondey has been arrested Digitally signed by MOHAMMAD AADIL KHAN 2 on 28-05-2024 in connection with Crime No.319/2024 registered at P.S. - Tikrapara, District Raipur, Chhattisgarh for the offence under Section 294, 506, 323, 34 and 302 of the IPC. 3. The case of prosecution is that on 22-04-2024 at about 07:30 p.m. when the deceased Aryan Tomar came out from his house and roaming on the way he was assaulted by knife by co-accused Suraj and the present applicants and other accused persons have also assaulted him by hands and fists by the injuries caused by co-accused Suraj the deceased died on the spot. Merg intimation was lodged by father of the deceased and during investigation the memorandum statement of present applicants as well as other accused persons have been recorded in which they disclosed the entire incident. The weapon of offence, i.e., knife has been seized from co-accused Suraj Nandey. The present applicants have been arrested on 24-04-2024 and 28- 05-2024 and after investigation charge sheet has been filed. 4. Learned counsel for the applicants would submit that there is no allegation against the present applicants that they have also assaulted by any dangerous weapon and from the memorandum statement it only comes that the present applicants have assaulted by hands and fists, whereas there is no injuries on the body of the deceased allegedly caused by the present applicants. He would also submit that there is no recovery of any weapon from them and except the memorandum there is no other evidence against the applicants in the charge sheet. Applicant Ritik Keshwani @ Babbu is in jail since 24-04-2024 and applicant Ravi Tondey is in jail since 28-05-2024 and final adjudication of the case will take its own time. Therefore, they may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes and has submitted that though there is no eye-witness to the incident, but the manner in which the deceased was assaulted by the accused persons which has been disclosed in the memorandum statement of all the accused persons. The 3 weapon of offence has been seized from co-accused Suraj Nandey and the allegation against the present applicants are that they have also assaulted the deceased by hands and fists. Therefore, the applicants are not entitled for bail. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering the allegation against the present applicants that they have also assaulted the deceased by hands and fists along with the other accused persons including Suraj Nandey who has given knife blow on his chest, I am not inclined to release these applicants on bail. 7. Accordingly, both these bail applications filed by the applicants are rejected. Sd/- (Ravindra Kumar Agrawal) Judge Aadil