1 2025:CGHC:7190 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1133 of 2025 • Ajay @ Ajju Bhadoriya S/o Lt. Kehar Bhadoriya Aged About 44 Years R/o- Near Sai Mandir, Gandhi Nagar, Bhilai, P/s Vaishali Nagar, Durg, C.G. .Applicant. versus • State Of Chhattisgarh Through S.H.O. P/s Vaishali Nagar, Durg, C.G. ... State/Non-Applicant. For Applicant : Shri Lukesh Kumar Mishra and Shri Akash Mishra, Advocates. For State : Shri SK Puria, PL. Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 10/02/2025 1. This is First Bail Application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023(for short “BNSS, 2023”) for grant of regular bail to the applicant, who has been arrested in connection with Crime No.212/22 registered at Police Station- Vaishali Nagar, Durg C.G. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.02.10 17:20:40 +0530 2 for the offence punishable under Section 302, 34 of IPC. 2. Prosecution case, in brief, is that complainant Abdul Rajja Qureshi lodged an FIR to the effect that on the date of the incident i.e. 20.9.2022, at night, his brother Abdul Gyasu @ Baba Qureshi (deceased) along with his friends (accused) had gone to have dinner at Pranay Bhawan in the Maruti Omni Car of accused – Ajju Bhadoria. On the way, the vehicle broke down, on which, the accused persons asked the deceased to push the vehicle but he denied. On account of such denial by the deceased, he was assaulted with knife by accused Ajju and with brick by co-accused Harish, Bhupesh and Samir and with hands & fists by co-accused Pankaj and Bijju@ Brijesh, as a result of which, the deceased succumbed to the injuries sustained by him. Hence, the aforesaid offence has been registered. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He would further submit that out of 18 witnesses, 12 witnesses have been examined. Learned counsel further submits that applicant is behind the bars since 21.09.2022, conclusion of trial is likely to take considerable time, therefore, considering all the aspects, applicant may be enlarged on bail. 4. Per contra, learned State Counsel strongly opposes the bail application and would submit that present applicant is the main accused who caused stab injury to the deceased by using knife which was recovered from the possession of present applicant. He would further submit that bail applications of co-accused namely Harish Kumar Ghritlahre and Sameer Khan have been dismissed by this Court vide order dated 18.03.2024, 11.09.2023 passed in MCRC No.363/2024 and MCRC No.4556/2023, 3 respectively and the trial is in progress. Hence present is not a fit case for grant of bail. 5. Having considered the submission of learned counsel for the parties, particularly the role attributed to the present applicant, gravity of offence and that the trial is in progress, I am not inclined to grant bail. 6. Accordingly, this application deserves to be and is hereby rejected. Sd/- (Deepak Kumar Tiwari) Judge Avinash