2025:CGHC:54737 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8551 of 2025 Virendra Singh Sidar S/o Late Babulal Sidar Aged About 50 Years R/o Village- Dumarpali Police Station - Chakradharnagar District - Raigarh (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through, Station House Officer, Police Station - Chakradharnagar District - Raigarh (C.G.) ... Respondent(s) (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Kishan Kumar Yadav, Advocate on behalf of Shri Vivek Kumar Tripathi, Advocate For Respondent/State : Shri Neeraj Sharma, Dy AG ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 10.11.2025 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 has been arrested on 23.12.2024 in connection with Crime No.574 of 2024, registered at PS-Chakradharnagar, District-Raigarh, Chhattisgarh for the offence punishable under Section 103(1), read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023. 3. Case of the prosecution in brief is that on 22.03.2024, at about 2 am, deceased- Panchram was assaulted by the accused persons in front of the Digitally signed by V PADMAVATHI Date: 2025.11.12 10:55:38 +0530 Mcrc 8551 of 2025 2 house of present applicant, by tiding him to an electric pole. In the morning, when the witnesses saw the deceased in injured condition, being tied to the electric pole, they informed the Police, and then merg was intimated. After enquiry, FIR has been registered against the present applicant. During the investigation, memorandum statement of the applicant was recorded, in which he disclosed that he, along with other co-accused persons, have assaulted the deceased by hands, fists and danda. Applicant has been arrested on 23.12.2024, and charge-sheet has been filed. 4. Learned counsel for the applicant would submit that there is no eyewitness to the incident, and the witnesses are hearsay witnesses. Present applicant was not named in the FIR. Memorandum, and seizure witnesses have turned hostile, and have not supported the case of prosecution. Applicant is in jail since 23.12.2024, only six witnesses have been examined till date, and final adjudication of the case will take its own time. Hence, the applicant may be granted bail. 5. On the other hand, learned State counsel opposes the bail application, and would submit that it was the incident at night time, and the witnesses came to know about it from each other. Present applicant, along with other co accused persons, assaulted the deceased by hands, fists, and Danda. The ;manner in which the deceased was assaulted has come in the memorandum statement of applicant, and number of injuries have been found on the body of the deceased. It is also submitted the similarly situated accused persons’ 1st bail application has been rejected by this Court vide order dated 29.04.2025 in MCRC-3006 of 2025, and the 2nd bail application on 15.10.2025 Mcrc 8551 of 2025 3 in MCRC-8217 of 2025. Trial is in progress, and hence, applicant is not entitled for release on bail. 6. Heard learned counsel for the parties, and perused the material annexed with bail application. 7. Considering the submissions made by learned counsel for the parties, also considering nature of allegation and the material collected by the prosecution during investigation, considering the allegation levelled against the present applicant that he assaulted the deceased by hands, fists, and Danda, and from his possession, rope and Danda have been seized, further, bail application of co-accused persons Ashok Kumar Pradhan and Ajay Pradhan have been rejected twice vide orders dated 29.04.2025 in MCRC-3006 of 2025, and 15.10.2025 in MCRC-8217 of 2025, trial is in progress, and six witnesses have already been examined in the case, I am not inclined to release the applicant on regular bail. 8. Accordingly, bail application is rejected. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma