1 2025:CGHC:53785 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8736 of 2025 • Salikram Dhruw S/o Netram Dhruw Aged About 40 Years, Gram- Kholva, P.S.- Bhatapara Gramin, District - Balodabazar (C.G.) ... Applicant(s) versus • State Of Chhattisgarh Through Police Station Simga, District Baloda Bazar, Chhattisgarh --- Respondent For Applicant : Mr. Tessy Abraham, Advocate with Mr. Alok Tiwari, Advocate. For Respondent/State : Ms. Sunita Manikpuri, Dy. GA. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 04/11/2025 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.360/2025, registered at PS -Simga, District Baloda Bazar, Chhattisgarh, for commission of offence punishable under Sections 296, 351(3), 191(2), 191(3), 109(1), 115(2), 103(1), 61(2)(a) of the BNS. 2. Case of prosecution, in brief, is that on the evening of 4th July 2025, at about 8.00 p.m, near the shop of one Mr. Sanjay Mandle, the deceased Tamraj Mahipal resident of village Tora, was sitting with 2 Dileshwar Dahariya, Rajesh, Krishana and others. At that moment the principal accused Sunil Patre and Amardeep Patre, both sons of Munshi Patre, along with other associates, arrived at the spot in two Vehicles. Suddenly, the accused persons got down from their vehicles and began to hurl obscene abuses and launched a violent assault upon Tamraj Mahipal using hands, fists, sticks and sharp- edged weapons targeting vital parts of the body particularly the head and chest with an intention to cause his death. Based upon report, FIR was registered and applicant has been arrested in 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. Name of this applicant is not named in the FIR or Charge-sheet, there is no material/evidence available suggesting active participation of this applicant and no any incriminating material has been seized from him. Only on the basis of statements of co-accused, this applicant has been made accused in this case. In the statements of eye-witnesses, they have not made any single allegations against this applicant. Applicant is in jail since 05.07.2025, 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 there is specific evidence/material available against the applicant of committing the aforementioned offence/crime. 3 5. Heard learned counsel for the parties. 6. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the submission that only on the basis of statements of the co-accused, this applicant made accused in this case, eye-witnesses of this case in their statements have not made any allegations against this applicant, further considering that no incriminating material has been seized from this applicant, detention period of the applicant, conclusion of trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 7. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that- a) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. b) Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) Applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-