2025:CGHC:20567 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3047 of 2025 Mithun Nishad S/o Bhimsen Nishad Aged About 20 Years (Not Mentioned In The Order Sheet ) R/o Taj Nagar Santoshi Nagar Tikarapara District - Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Station Tikarapara District - Raipur (C.G.) ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Tanuj Patwardhan, Advocate For Respondent/State : Ms Sunita Manikpuri, Dy GA ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 05.05.2025 1. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. 2. The applicant was arrested on 24.11.2023 in connection with Crime No.624 of 2023 registered at PS- Tikarapara, District- Raipur, CG for the offence punishable under Sections 302 and 34 of the IPC. 3. Case of the prosecution in brief is that on 20.11.2023 in the night at about 10 pm, when the deceased Dinesh @ Baba along with his two friends, namely, Istikar Khan, and Mohd Sohail, were coming to their house on Motorcycle, on the way near Mathpuraina Durga Mandir, accused persons Digitally signed by V PADMAVATHI Date: 2025.05.07 10:53:38 +0530 Mcrc 3047 of 2025 2 stopped them, and tried to remove the key of Motorcycle. Once they protested, accused persons started assaulting Dinesh @ Baba with hands, fists, and kicks. At that time, when they tried to intervene, after assaulting the deceased the accused persons fled away. The deceased was immediately taken to the hospital, where, he died during the treatment, due to grievous injuries. Report has been lodged, present applicant has been arrested on 24.11.2023, and charge-sheet has been filed. 4. Learned counsel for the applicant would submit that though there are two eyewitnesses to the incident, both of them have been examined before the learned trial court but not supported the prosecution case, with respect to present applicant, and they have clearly disclosed that the applicant was not involved in the present case. Applicant is in jail since 24.11.2023, till date only three witnesses have been examined, and final adjudication of the case will take its own time. Hence, the applicant may be enlarged on bail. 5. On the other hand, learned State counsel opposes the bail application, and would submit that from the statement of Istikar Khan, and Mohd Sohail, involvement of the applicant in the crime is there, who also assaulted the deceased with hands, fists, and kicks. When the deceased was being taken to the hospital, immediately he died. Therefore, there is material which shows that applicant is involved in the offence of commission of murder of the deceased, and therefore, he is not entitled for bail. 6. Heard learned counsel for the parties, and perused the case diary. 7. Considering the submissions made by learned counsel for the parties, nature of allegations, as also the material collected by the prosecution during Mcrc 3047 of 2025 3 investigation, further, considering statement of the witnesses, also looking to gravity of the offence committed by the applicant, I am not inclined to grant regular bail to the applicant. 8. Accordingly, bail application is rejected. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma