1 2025:CGHC:9108 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1476 of 2025 1 - Manoj Checham S/o Nohar Singh Aged About 42 Years R/o Village Pali, Out Post Junapara, Police Station Takhatpur, District Bilaspur, Chhattisgarh. (As Per Charge Sheet), (Wrongly Mentioned In Rejection Bail Order As Village Taker, Near Chandani Chowk, Police Station Seepat, District Bilaspur, Chhattisgarh.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Takhatpur, District Bilaspur, Chhattisgarh. --- Respondent _____________________________________________________________ For Applicant : Mr. Punit Ruparel, Advocate. For State/ Respondent : Mr. Sanjeev Pandey, Dy. A.G. _____________________________________________________________ Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 21/02 /2025 1. This is second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested on 13-3-2024 in connection with Crime No. 190/2024 registered at Police Station Takhatpur, District Bilaspur (CG) for the ofence punishable under Section 302 of IPC. 2. The first bail application bearing MCRC No. 4632 of 2024 has been dismissed by this Court vide order dated 25.07.2024. 3. Case of the prosecution, in brief, is that on 2-11-2023 at about 6.00 p.m., Birbal, Sandeep, Pyarelal Jagat and Fagudas Manikpuri were going towards the house of the present applicant at village Pali, which ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2025.02.21 14:41:50 +0530 2 is situated just in 50 mtr., at main road turn at under construction of Hanuman Mandir porch, at that time the present applicant was sitting there and all of the above named persons demanded RC card which was refused by the applicant to give, on such dispute the quarrel began. In the said quarrel applicant pushed Sandeep and started strangling Birbal with intent to kill him, when Birbal tried to free himself, at that time applicant hit him with cemented temple as a result of which Birbal’s neck was broken and he was hospitalised where he died on 5- 11-2023 at about 4.10 pm during the course of treatment. Post mortem of the deceased Birbal was conducted by the Doctor who has given his opinion that the deceased Birbal died due to injury compression over cervical of the deceased On the basis of report, the police registered the aforesaid ofence against the applicant. 4. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the crime in question. He would further submit that applicant has no intention or motive to kill the deceased, the incident took place all of a sudden and in order to save himself he pushed the deceased and deceased himself could not control to fall. He would further submit that if the case of the prosecution is taken as it is, even no case under Section 302 of IPC is made out against the applicant and he has no past criminal antecedents. He would further submit that PW-1 (Anshu Uike) is hearsay witness and PW-2 to PW-9 are turned hostile and not supported case of the prosecution. He would further submit that the applicant is in jail since 13-3-2024 and trial will take for some time for its final disposal, therefore, the applicant may be enlarged on bail. 5. On the other hand, learned counsel appearing for the State/non- 3 applicant opposing the bail application of the applicant submits that the decease Birbal died due to assault made by the applicant on his neck and cervical bone of the deceased was broken which is sufficient for causing death, therefore, therefore, he is not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. The first bail application filed by the applicant for grant of bail has been rejected by this Court vide order dated 25.07.2024. Considering the facts and circumstances of the case, nature and gravity of offence and also no justifiable reason has been shown by the applicant to consider the instant bail petition, therefore, this is not a fit case where the applicant should be enlarged on bail. 8. Accordingly, the second bail application filed Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is hereby rejected. Certified copy, as per rules. Sd/- (Narendra Kumar Vyas) Judge Arun