1 2025:CGHC:56432 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9052 of 2025 1 - Som @ Sushant Yadav S/o Shri Atish Yadav Aged About 19 Years R/o Village - Purana College Road Dhobipara, Champa, Police Station Champa, District Janjgir-Champa (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through - Police Station Champa, District Janjgir-Champa (C.G.). ... Respondent For Applicant : Mr. Shashank Upadhyay, Adv. For State : Mr. Ankur Kashyap, Dy. G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 19/11/2025 1. This is the second 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. 54/2025 registered at Police Station Champa, District Janjgir-Champa (C.G.), for the offence punishable under Sections 296, 351(3), 118(2), 190, 191(2)(3), 111(1), 109, 103, 103(2) of BNS, 2023 and HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2025.11.20 10:16:52 +0530 2 Sections 25 & 27 of Arms Act. 2. The first bail application of the applicant was dismissed on merit on 26.08.2025 in MCRC No. 6553/2025. 3. As per the prosecution’s case, it is alleged against the present applicant that on 16.02.2025 at about 8:30-9:30 pm, along with other co-accused persons abuses and threatened for life to Ramdhan Patel and Sahil Patel and also assaulted with hands, belt and knife due to which Sahil Patel, and Ramdhan Patel sustained grievous injuries and subsequently, Ramdhan Patel died during the course of treatment. Based on this, offence has been registered against the present applicant and other co-accused persons. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that there are a total of 10 accused persons in this case, out of which two are juveniles, and this Court has already granted bail to 6 co- accused major persons. He also submits that the first bail application of the applicant was dismissed, considering the fact that there was a seizure of a wooden stick from the applicant, but as per the doctor’s statement who conducted postmortem of deceased Ramdhan Patel, all the injuries were caused by a hard and sharp object. He next submits 3 that the injured eye witness, Sahil Patel, turned hostile and does not support the case of the prosecution. The applicant is in jail since 29.04.2025 (Annexure-A-5), and the trial is likely to take considerable time to conclude. Therefore, he prays for the grant of regular bail to the applicant. 5. On the other hand, learned counsel for the State opposed the bail application and submitted that the applicant along with other co-accused persons, committed a heinous offence of murder. There is a seizure of a wooden stick from the accused/applicant; therefore, at this stage, he may not be enlarged on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and also considering the fact that out of 8 major co-accused persons 6 co-accused persons have already been granted bail one Golu Manjhi is under trial except the present applicant and other released co-accused persons, as per postmortem report all the injuries were likely to caused by a hard and sharp object, further considering the fact that 12 witnesses out of 32 witnesses have been examined and the injured eye witness not supported the case of the prosecution, the applicant is in custody since 29.04.2025, 4 and the trial is likely to take considerable time, therefore, at this stage, without commenting on merits of the case, I am inclined to release the applicant on bail. 8. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. The applicant is directed to appear before the trial Court on each and every date to be given to him by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu