1 2025:CGHC:59071 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9968 of 2025 Pokhraj @ Raj Tiwari S/o Late Shri Manharan Tiwari Aged About 23 Years R/o Village Sewaiyakala, Ward No. 20, P.S. And Tahsil - Pithora, District Mahasamund Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The P.S. Pithora, Distt. Mahasamund Chhattisgarh ---- Respondent For Applicant : Mr. Jameel Akhtar Lohani, Advocate For Respondent/State : Ms. Pragya Shrivastava, Dy. GA Hon'ble Shri Justice Arvind Kumar Verma Order on Board 05/12/2025 1. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 30.07.2025 in connection with Crime No.147/2025 registered at Police Station Pithora, District Mahasamund (C.G.) for the offence under Sections 191(2), 191(3), 103(1), 238, 3(5) of BNS. VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.12.06 11:15:41 +0530 2 2. Brief facts of this case are that on 25.07.2025 complainant Aman Chowdhary, appeared before P.S.- Pithora and lodged a missing person report which is been endorsed as Missing Person No.51/2025 about his younger brother Amit Chowdhary, who fails returned by last intervening night on 24-25/07/2025 & his mobile found switch-off. That during the course of investigation, information received from approver on 27.07.2025, about assault took place between deceased Amit Chowdhary ind the present applicant, based upon this information applicant was arrested whose memorandum was recorded and dead body was recovered at instance of the present applicant, stating that due to some prior enmity-dispute, applicant along with co-accused Rakesh @Raki Dhruv, Vedprakash @Vikky Sahu, Bhupesh@Chintu,& Premchand Basant assault the deceased with stick & spade cause grievous-injuries-committed murder, than in order to conceal the evidence buried by digging a pit in the sand in Koudiya Nala-bridge from where the dead-body of deceased was exhumed, which was identified as Amit Chowdhary brother of complainant. 3. Learned counsel for the applicant would submit that the present applicant is innocent person and he has been falsely been implicated in the present case. He further contended that the applicant used to run a mobile repairing-shop for his livelihood and his only earning member of his family and was unaware about the incident committed by other co-accused persons and only on the basis of secret-information of some unknown approver, Police had arrested the applicant keeping doubt 3 without disclosing the true facts and name of approver, memorandum is been recorded after the dead-body of deceased was exhumed and therefore memorandum and its seizure are just the formalities done by the prosecution. There is no criminal antecedents of the present applicant and the prosecution had already completed their investigation and submitted the charge-sheet and after its committal-process, Trial will be started which will takes its own time. The applicant is in jail since 30.07.2025, final adjudication of the case will take its own time, therefore, the applicant may be enlarged on bail. 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 5. I have heard learned counsel for the parties, perused the case diary and other materials available on record. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering the allegation against the applicant, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application of the applicant involved in Crime No.147/2025 registered at Police Station Pithora, District Mahasamund (C.G.) for the offence under Sections 191(2), 191(3), 103(1), 238, 3(5) of BNS, is rejected. 4 8. However, this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law as expeditiously as possible. Sd/- (Arvind Kumar Verma) Judge Vasant