1 2025:CGHC:52590 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8521 of 2025 Pradeep Bhongare S/o Shri Manikrao Bhongare Aged About 20 Years Permanent R/o Village Charthana, Police Station Kura, District Jalgaon (Maharastra), At Present R/o Village Chhanta, Bhathapara, Rental House Of Ashish Satnami, Utai, District Durg C.G. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Utai, District Durg C.G. ... Respondent(s) For Applicant(s) : Mr. Jitendra Gupta, Advocate For Respondent(s) : Mr. Soumya Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.10.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.177/2025 registered at Police Station- Utai, District- Durg (C.G.) for the offence punishable under Sections 296, 115(2), 105 read with Section 3(5) of the BNS. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.29 11:28:20 +0530 2 2. Prosecution story in brief, is that on 08.05.2025 at about 8:30 PM, the present applicant along with other co-accused persons allegedly abused the deceased, namely Harikishan Khutiyare, in filthy language and assaulted him with a steel pipe and wooden rod. It is further alleged that the accused persons also attempted to throttle the neck of the deceased, and upon the deceased becoming unconscious, they fled from the spot. Subsequently, the injured was taken to the hospital, where the attending doctor declared him dead. Accordingly, a crime was registered against the accused persons, and after due investigation, a charge-sheet has been filed before the competent Court 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and that no offence, as alleged by the prosecution, is made out against him. It is contended that the applicant has been arrested merely on the basis of suspicion without any direct or credible evidence to connect him with the alleged crime. The applicant neither committed nor participated in any act which may constitute the offences mentioned in the charge-sheet. It is further submitted that several material and other prosecution witnesses have already been examined during trial, and they have not supported the case of the prosecution rather, their depositions contain major contradictions and omissions. Even if the prosecution story is taken at its face value, the injury caused to the deceased does not appear to be multiple or of such nature as to conclusively 3 establish the alleged manner of assault. He further submits that two co-accused persons have already been granted bail by this Court in MCRC No. 6146/2025 vide order dated 10.09.2025, the applicant has been in jail since 10.05.2025, and the charge-sheet has already been filed. Considering that the trial is likely to take considerable time for its conclusion, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the original records clearly shows that the complainant has filed a named report against the present applicant- Pradeep Bhogre. Further, the accused/applicant along with other co-accused committed a serious crime of assaulting and causing the death of the complainant’s son. The charge-sheet indicates that it is the present applicant who strangled the deceased Harkishan with a steel pipe and the steep pipe was also seized from the possession of the present applicant. Hence, the case of the present applicant is distinguishable from that of the co-accused who have been granted bail by this Court as the present applicant is the main accused and as such, his bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy, it prima 4 facie appears that the accused/applicant along with other co- accused committed a serious crime of assaulting and causing the death of the complainant’s son. The charge-sheet indicates that it is the present applicant who strangled the deceased Harkishan with a steel pipe and the steep pipe was also seized from the possession of the present applicant. Hence, the case of the present applicant differs from that of the co-accused who have been granted bail by this Court as the present applicant is the main accused and as such, looking to the gravity of crime, it does not appear appropriate to grant bail to the applicant. 7. Accordingly, the first bail application of the applicant- Pradeep Bhongare, involved in Crime No.177/2025 registered at Police Station- Utai, District- Durg (C.G.) for the offence punishable under Sections 296, 115(2), 105 read with Section 3(5) of the BNS, is rejected at this stage. 8. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek