1 2025:CGHC:53195 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.8533 of 2025 Nikhlesh Yadav Urf Niklesh Yadav S/o Lakhan Yadav Aged About 27 Years R/o Ravan Bhata Chowk, Mandir Hasaud, P.S. Mandir Hasaud, Distt Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Mandir Hasaud, District - Raipur Chhattisgarh ...Non-Applicant For Applicant :Ms. Sejal Makkad along with Shri Aniket Dumbhare, Advocates. For Non-Applicant/State Ms. Mandvi Bharadwaj, PL. Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 31.10.2025 1. This is the 1st bail application filed under Section 483 of BNSS, 2023 for grant of regular bail to the Applicant, who has been SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.10.31 17:11:24 +0530 2 arrested in connection with Crime No.574/2022 registered at P.S Mandir Hasaud, District Raipur (CG) for the offence under Sections 147, 148, 294, 307 and 302 IPC. 2. Case of the prosecution is that on 12.09.2022 after dusk, when deceased Dipak Sonkar and others were going to bada talab for immersing the idol of Lord Ganesha, a dispute arose with regard to playing of DJ sound box whereby, the present Applicant along with co-accused Milendra Yadav and others, has assaulted the deceased by using hands, fists as also iron rod due to which, the deceased sustained injuries and died, therefore, the aforesaid offence has been registered against him. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the crime in question for which, he was arrested on 14.09.2022. She further submits that material witnesses have already been examined and they have not stated anything against the present Applicant. She further submits that similarly situated co-accused namely Kishan Alias Kanhaiya Paswan, Jitu Alias Jitendra Yadav and Dwarika Alias Dadu Dhiwar have already been granted bail by this Court vide order dated 21.06.2023 passed in M.Cr.C No.2521/2023 whereas, co-accused Kamlesh Yadav has also been granted bail by this Court vide order dated 22.10.2024 passed in M.Cr.C No.6576/2024 and the case of the present Applicant is similar to that of the aforesaid co-accused 3 persons. She further submits that no recovery has been made from the present Applicant and the only allegation against him is that he has assaulted the deceased by using hands and fists but the main assault on the deceased was made by co-accused Milendra Yadav, who has used iron rod and caused head injury. She lastly submits that the trial is likely to take quite some time, therefore, considering all these aspects, the present Applicant may be released on bail. 4. On the other hand, learned counsel for the Non-Applicant/State opposed the bail application. However, she fairly admits that there are no previous criminal antecedents against the present Applicant and his case is similar to that of the co-accused, who have been granted bail by this Court. 5. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the principle of parity as the similarly situated co-accused have already been granted bail by this Court, further considering the pre-trial detention, without further commenting anything on merits, I am inclined to allow the application. 6. Accordingly, the application is allowed and it is directed that on Applicant’s furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned 4 Court, he shall be released on bail. He shall however, make his appearance before the concerned Court as and when so directed. Sd/- (Deepak Kumar Tiwari) Judge Priya