1 2025:CGHC:59012 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9866 of 2025 • Sonu @ Monu @ Ashutosh Nishad S/o Parasram Banjare Aged About 24 Years R/o Sant Mata Karma Ward Bhatapara P.S. Bhatapara (Town) District Balodabazar-Bhatapara (C.G.) --- Applicant. versus • State Of Chhattisgarh Through Station House Officer, Police Station Simga, District Balodabazar-Bhatapara (C.G.) --- Respondent(s) MCRC No. 9893 of 2025 • Sanju Banjare S/o Sakha Banjare Aged About 25 Years R/o Sant Mata Karma Ward Bhatapara P.S. Bhatapara (Town) District Baloda-Bazar Bhatapara (C.G.) ---Applicant Versus • State Of Chhattisgarh Through Station House Officer, Police Station - Simga, District Baloda-Bazar-Bhatapara (C.G.) --- Respondent For Applicants : Mr. Prakash Mishra, Advocate with Mr. Vijay Shankar Mishra, Advocate For Respondent/State : Ms. Sunita Manikpuri, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 04/12/2025 2 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicants, who have been arrested in connection with Crime No.360/2025, registered at PS -Simga, District Baloda-Bazar-Bhatapara (C.G.), for commission of offence punishable under Sections 296, 351(3), 115(2), 191(2), 191(3), 109(1), 103(1), 61(2) of BNS Act. 2. Case of prosecution, in brief, is that the applicants alongwith their other friends (co-accused) have started abusing the Tamraz Mahipal (deceased) in filthy languages and, thereafter, assaulted him by means of hands and fists, wooden stick and sharp edged weapon/object, due to which, he (deceased) suffered grievous injuries and died during treatment. Based upon report, FIR was registered and applicants have been arrested in aforementioned crime/offence. 3. Learned counsel for the applicants submits that applicants have been falsely implicated in this case, they have not committed any offence as alleged against them. There is no specific evidence/material available to connect the applicants in the alleged crime/offence. Neither name of the applicants is mentioned in the FIR nor any seizure has been made from them. Only on the basis of memorandum statement of co-accused persons, applicant have been implicated in this case. Co-accused persons have been granted bail by this Court vide order dated 04.11.2025 & 24.11.2025 passed in MCRC Nos.8736/2025 & 9444/2025. Applicants are in jail since 08.07.2025, conclusion of trial may take some time, hence, 3 applicants may be released on bail. 4. Per contra, learned State Counsel opposing the bail application of the applicants and submits that there is specific allegation against the applicants of committing the murder of the deceased, they are having previous criminal antecedents. Hence, looking to the nature of offence, applicants may not be released on bail. 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 applicants are having previous criminal antecedents, further the fact that as per case diary, applicants alongwith their other friends (co- accused) have assaulted the deceased by means of hands and fists, wooden stick and sharp edged weapon/object, due to which, deceased suffered grievous injuries and died during treatment, I am not inclined to allow this bail application. 7. Accordingly, above bail applications are hereby rejected. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-