1 2025:CGHC:51796 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7853 of 2025 1 - Devraj Jangde S/o Sakhiram Jangde Aged About 30 Years Caste - Satnami, R/o Village - Kutrabod, Police Station And Tahsil - Jaijaipur, District- Sakti (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through District Magistrate, Sakti, District- Sakti (C.G.) ... Respondent(s) For Applicant (s) : Mr. Dharmesh Shrivastava, Advocate For Respondent(s) : Ms. Pragya Shrivastava, Dy. G.A. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 16.10.2025. 1. Heard on the application filed under Section 483 of B.N.S.S. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 06.06.2025 in connection with Crime No. 126/2025 registered at P.S. Jaijaipur, Dist- Sakti (CG) for the offence under Sections 331 (6), 296, 115 (2), 351 (2), 109, 103 (2), 190, 191 (2), 191 (3) of BNS. SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.10.17 15:27:15 +0530 2 2. The case of the prosecution is that on 04.06.2025, at about 9.30 in the night, all the accused persons entered into the house of the deceased Jay Prakash Jangde, raised a quarrel and demanded money by saying that they have spent huge money on the lodging of the missing report of his mother and when the brother of the deceased replied that he is not in a condition to give them money, all the accused persons assaulted them by Danda, Belt, Hand and fists. The incident was witnessed by Vijay Prakash, Savitri Bai, Santi Lal and by the injuries caused by the accused persons, the deceased was taken to hospital on 05.06.2025 and during treatment, he died on 08.06.2025. The murg was informed to the Police and after post mortem, the FIR has been registered for the offence under Section 331 (6), 296, 115 (2), 351 (2), 3(5) of BNS, 2023. After investigation the accused persons have been arrested and charge-sheet has been filed. 3. Learned counsel for the applicant would submit that there is no allegation against the present applicant that he also assaulted the deceased by lathi and belt. The deceased died due to lathi injury, however, the allegation against the present applicant is that he assaulted the deceased by hand and fists. They had gone to the house of the deceased without intension to causing his death but they had gone to his house to ask them to pay money back, which has been spent by them. He would also submit that from the statement of the witnesses it transpires that one of the accused has tried to treat the deceased by giving injection to him, however, he could not recovered and ultimately died during treatment. He would further submit that had the accused persons intended to caused murder of the deceased, they would not have provided him treatment. He would also submit that Section 3 (5) of BNS is not attracted in the present case. The 3 present applicant is in jail since 06.06.2025 and final adjudication will take its own time, therefore, the applicant may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes and has submitted that all the accused persons came together in the night and on the issue of demand of money, they assaulted the deceased by lathi, belt, hand and fists. All the accused persons assaulted the deceased together and common intension is duly applicable in the present case irrespective of the mode of their assault. She would further submit that there is criminal antecedent against the present applicant at the Police Station, Jaijaipur vide crime No. 174/2024 for the offence under Section 296, 351 (2), 115(2), 118 (1), 3(5) and 117 (2) of BNS. The incident was witnessed by Savitri Bai, Vijay Prakash and Shanti Lal who categorically stated about the act of the applicant and therefore, he is not entitled for bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and material collected during the investigation, further considering the post mortem report of the deceased as well as the statement of the eye witnesses Vijay Prakash, Shavitri Bai, and Shanti Lal and also considering the manner in which the alleged incident is occurred, I am not inclined to release the applicant on bail. 7. Consequently, this application filed by the applicant under Section 483 of B.N.S.S. for grant of regular bail is hereby rejected. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika