1 2025:CGHC:54701 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8301 of 2025 • Gautam @ Gopal Sarthi S/o Prakash Sarthi Aged About 25 Years R/o Room No. C- 35 Imlibhatha, Bandwapara, Sarkanda, P.S. Sarkanda, Tehsil And District- Bilaspur Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through- Police Station Sarkanda District- Bilaspur Chhattisgarh. --- Respondent For Applicant : Mr. PK Tulsiyan, Advocate For Respondent/State : Mr. Sanjeev Pandey, Dy. AG. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 10/11/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.1179/2023, registered at PS -Sarkanda, Bilaspur, (C.G.), for commission of offence punishable under Sections 147, 148, 149 & 302 of IPC. 2. Case of prosecution, in brief, is that applicant alongwith other co- accused persons have assaulted the Rajesh Rawat by means of hand, fists and sharp-edged weapons, due to which, he sustained 2 grievous injuries and died to the said injuries in the hospital. Based upon report, FIR was registered and during investigation on the basis of the memorandum of the accused, alleged murdered weapon has been seized. Applicant has been arrested for the aforementioned crime/offence. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. There is no direct evidence on record which connects the present applicant with the commission of the alleged offence. There is no eye-witness of the incident, applicant is in jail since 24.08.2023, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposing the bail application of the applicant and submits that applicant alongwith other co-accused (Badka Yadav, Ramzan Khan, Ram Mohan Banjare, Vishnu Yadav and Ajay Kosle) have assaulted the Rajesh Rawat (deceased) by means of hand, fists and sharp-edged weapons, due to which, he sustained grievous injuries and died. On the basis of the memorandum of the accused, alleged murdered weapon has been seized, hence, looking to the nature of offence, applicant may not be released on bail. 5. Heard learned counsel for the parties. 6. Considering facts of the case, nature of offence, submissions of learned counsel for the parties, particularly the submission that applicant alongwith other co-accused persons have assaulted the 3 deceased by means of hand, fists and sharp-edged weapons, due to which, he sustained grievous injuries and died in the hospital, on the basis of the memorandum of the accused, alleged murdered weapon has been seized, the other material/evidence available in the case diary, I am not inclined to allow this bail application. 7. Accordingly, bail application is hereby rejected. However, concerned trial Court is directed to conclude the trial expeditiously, as soon as possible, if there is no any legal impediment. CC as per rules. Sd/- (Arvind Kumar Verma) Judge J/-