NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 963 of 2025 Santosh Shrivastava @ Lallu, S/o Late Laxmi Kumar Shrivastava, aged about 36 Year,s R/o Subash Chowk, Zone- 2, Khursipar, Bhilai, Tehsil and District- Durg, Chhattisgarh (Particular of The Applicant Is Mentioned Correctly) ---- Applicant (In Jail) Versus State of Chhattisgarh Through- Police Station- Purani Bhilai, District- Durg, Chhattisgarh ---- Respondent _____________________________________________________ For Applicant - Shri Anmol Sharma, Advocate. For Respondent/State - Shri Ankur Kashyap, Dy. Government Advocate. ____________________________________________________ _____ Hon'ble Shri Justice Sachin Singh Rajput Order on Board 04-02-2025 1. Heard on admission. 2. Admit. 3. As the Case diary is available, it is heard finally. 4. This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of bail to the applicant who is in jail in connection with crime No. 415 / 2022 registered at Police Station Purani Bhilai, District - Durg for the offence punishable under sections 302, 34 of the IPC and 25, 27 Arms Act. The first bail application being M.Cr.C. No. 723 / 2023 was dismissed ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.02.04 14:43:20 +0530 -2- as withdrawn vide order dated 14-02-2023 passed by this Court. 5. Case of prosecution in brief is that on 10.09.2022 complainant Kumar Prasad made a complaint to the police authorities stating that on 10.09.2022 at about 06 A.M. in the morning one of his friends namely Ashok Soni called him and Manjeet Singh @ Happy informed him that the present applicant alongwith other co-accused persons namely Arbaaz Siddiqui @ Dutta, Harishankar Yadav, Akash Kaushik, Manjeet Singh and Ashok Soni with hand and fist and asked him to come to Spot Near Babadham Mandir. The complainant immediately rushed to the spot and saw that all the persons are fighting and the complainant tried to intervene to stop the fight. At that point of time main accused Rejendra Singh Bagh @ Golu took out a knife from his pocket and assaulted Ashok Soni with the knife and after the incident all persons fled from the spot. Ashok Soni was immediately taken to hospital by the complainant and Manjeet Singh from where he was referred to District Hospital in Supela. The Doctors after examining Ashok Soni declared him dead. 6. Learned counsel for the applicant submits that the case of prosecution is based upon the stements of eyewitness who have not supported the case of prosecution. He further submits that co-accused Vijay Nirmalkar @ Sadhu with similar allegation has been granted bail by this Court vide order dated 06/01/2025 in M.Cr.C. No. 4338/2024. The applicant is languishing in jail since 10/09/2022 and the trial has not yet concluded. Therefore, he prays that the bail application may be allowed. 7. On the other hand, learned counsel for the State opposes the bail -3- application. However he is not in a position to dispute whether the allegation against the present applicant and co-accused Vijay Nirmalkar @ Sadhu are identical. 8. Heard learned counsel for the parties and perused the documents. 9. Considering the facts and circumstances of the case and also considering the fact that co-accused Vijay Nirmalkar @ Sadhu has already been enlarged on bail by this Court, the detention period of the applicant, evidence collected by the prosecution, without commenting on merits of the case, this Court is inclined to allow this bail application. 10. Accordingly, the bail application is allowed and it is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. He shall appear before the concerned Police Station on 1st Monday of every month till disposal of the trial. He shall not influence the witnesses or temper with the evidence in any manner. 11. It is made clear that the observations made hereinabove are only for the purpose of deciding the bail application and the trial Court will decide the case on its own merit without being influenced by any observation made here-in-above. The victim/complainant or State would be at liberty to move an application regarding cancellation of bail of the applicant in the event of applicant involving himself in any offence in future or violates any conditions. 12. Certified copy as per rules. Sd/- (Sachin Singh Rajput) Ashish Judge