1 2025:CGHC:60995 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9843 of 2025 • Raju Nirmalkar S/o Durjan Nirmalkar Aged About 24 Years R/o Bada Ashok Nagar, Near Durga Mandir, P.S. Gudhiyari, District- Raipur (C.G.) ... Applicant. versus • State Of Chhattisgarh Through- Station House Officer, Police Station- Gudhiyari, District- Raipur (C.G.) --- Respondent For Applicant : Mr. CR Sahu, Advocate For Respondent/State : Ms. Pragya Shrivastava, Dy. GA. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 15/12/2025 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.483/2024, registered at PS -Gudiyari, District Raipur (C.G.), for commission of offence punishable under Sections 191(2), 311 read with Section 190, 140(2), 127(2) read with Section 190, 109 read with Section 190, 111 of the BNS. 2 2. Case of prosecution, in brief, is that due to old enmity on 15.07.2023, applicant alongwith other co-accused persons locked the complainant in house of one Prince Bagade and assaulted him by means of base ball stick/bat and, thereafter, forcefully took him in the vehicle and reached to Mandi Hasaoud and, thereafter, again assaulted him by means of hands, fists and knife and under the impression that he has died, left him there. Due to assault, complainant suffered grievous injuries and he was taken to the hospital for treatment. Based on report lodged by complainant, FIR was registered applicant has been arrested in the aforementioned crime. 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. There is no evidence/material available in case diary which shows that applicant is involved in the alleged crime/offence. Victim/injured was examined before the trial Court as PW-1 and he turned hostile and not supported the case of prosecution. Co-accused (Anil Sinha @ Babu) has already been enlarged on bail by this Court vide order dated 04.12.2025 in MCRC No.9874/2025. There is no any other criminal antecedent against the applicant. Applicant is in jail since 01.09.2024, 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. 5. Heard learned counsel for the parties. 3 6. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the fact that complainant/victim was examined before the trial Court as PW-1, he turned hostile and not supported the case of prosecution, co- accused (Anil Sinha @ Babu) has been enlarged on bail by this Court vide order dated 04.12.2025 in MCRC No.9874/2025, further considering that there is no any other criminal antecedent against the applicant, charge-sheet has already been filed, detention period of 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/-