1 2025:CGHC:53694 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7844 of 2025 1 - Ajay Kenwat S/o Rajesh Kenwat Aged About 26 Years R/o Village Kachhar Rampara, Police Station Koni, District - Bilaspur (C.G.) 2 - Vijay Kenwat S/o Rajesh Kenwat Aged About 21 Years R/o Village Kachhar Rampara, Police Station Koni, District - Bilaspur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer Police Station Koni District - Bilaspur (C.G.) ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Ajay Kumar Chandra, Advocate For Respondent(s)/State : Mr. Kalpesh Ruparel, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 03/11/2025 1. This is the first bail application filed by the applicants under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail. The applicants have been arrested in connection with Crime No. 310 of 2023, registered at Police Station Koni, Bilaspur, District Bilaspur (C.G.) for the offence under Sections 147, 148, 149, 458, 323, 302 of IPC. VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2025.11.06 18:51:22 +0530 2 2. The prosecution case, in brief, is that, on 21.06.2023, at about 11:00 PM, the accused persons were taking the deceased- Goverdhan Pali towards his house by assaulting him by hands and fists, lathi and iron rod. They were raising allegations against him that he is having illicit relation with their mother and despite stopping him, he is not convinced. They left him near the house of the witnesses Suraj Tandan and Sagar Pali. After about 10 minutes, they again came there and again assaulted him by hands and fists, lathi and iron rod, by which the deceased received grievous injuries. He was being taken to hospital by his younger brother, where he was declared dead. A report was made to the police and during the investigation, the present applicants have been arrested along with other accused persons and charge-sheet has been filed. 3. Learned counsel for the applicants would submit that there are there are two eyewitness to the incident and both of them have been examined before the learned trial Court and have not supported the prosecution’s case. There is no other evidence against the applicants. He would further submit that the deceased was a known criminal in the vicinity and he was regularly raising quarrel with the persons of the vicinity. The applicants are in jail since 22.06.2023 and till date only 12 witnesses have been examined, final application of the case will take its own time, therefore, the applicants may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes and has submitted that, from the evidence collected during the investigation and also as per the statement of the eyewitnesses- Suraj Tandan, 3 Sagar Pali and Ramayan Yadav, the involvement of the present applicants in the offence in question is prima facie there. The trial is in progress and out of 20 cited witnesses, 13 witnesses have been examined. He would also submit that the bail application of co- accused Mukesh Kenwat has been dismissed by this Court vide order dated 05.05.2025 and the case of the present applicants is also similar to the case of Mukesh Kenwat. Therefore, the applicants are not entitled for bail. 5. I have heard learned counsel for the parties and perused the material annexed with the bail application. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegations and the material collected during the investigation, further considering the statement of the eyewitnesses and also the fact that the bail application of co- accused Mukesh Kenwat has already been rejected by this Court and the trial of the case is in progress and 13 witnesses have been examined, I am not inclined to release the applicants on bail. 7. Accordingly, the present bail application of the applicants is rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved