CGHC010296492026 2026:CGHC:36946 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7361 of 2026 Ankit Awadhiya S/o Hemant Awadhiya Aged About 25 Years R/o Awadhiya Para, Police Station Azad Chowk, Distt. Raipur, Chhattisgarh. ... Applicant (s) versus State of Chhattisgarh Through Station House Officer, P.S. Purani Basti Raipur, Distt. Raipur, Chhattisgarh. ... Respondent For Applicant : Mr. Ali Afzaal Mirza, Advocate. For State : Ms. Supriya Upasne, Govt. Advocate. Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 18/08 /2026 1. This is the first 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 19.11.2024 in connection with Crime No. 501/2024 registered at Police Station- Purani Basti Raipur, District- Raipur (C.G.), for the offences punishable under Sections 109 (1), 103 (1) & 3 (5) of B.N.S., 2023. 2. The case of the prosecution in brief is that deceased Hemlal Dewangan who succumb to death in the hospital lodged an FIR No. 01/2024 alleging that about two days prior to the incident, he had dispute with the person whose name was not known to him near paan shop of Chhotu @Ganesh Pansari who threatened him that he would set him on fire at night while he will sleep at chabutra. It is alleged that he used to sleep at the chabutra situated at Budheswar chowk as he ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2026.08.18 18:10:19 +0530 did not have any house. On the night of incident, he was sleeping at Budheswar Chowk along with his friend Kasim and at about 1.40 a.m. he suddenly woke up on account of burning sensation caused by fire. He raised an alarm and attempted to extinguish the fire by rolling on the ground and saw that three boys running away on a motorcycle. He suspected that the unknown person with whom he had earlier quarreled, along with his associates, has set him on fire with intention to kill him. On the basis of the same, an FIR No. 501/2024 has been registered against the applicant for commission of offence punishable under Sections 109 (1), 103 (1) & 3 (5) of the B.N.S., 2023. 3. 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 the applicant has been involved in the said offence on the count that the other accused persons known to him. He would further submit that the prosecution has examined the witnesses but nothing has been brought on record against the applicant. He would further submit that PW-1, PW-2, PW-9 & PW-10 have been examined by the prosecution who nowhere have stated about involvement of the applicant in the crime in question and did not support the case of the prosecution. He would further submit that the applicant is in jail since 19.11.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposing the bail application would submit that there is sufficient material on record to show involvement of the applicant in the crime in question and other witnesses have to be examined before the trial Court, therefore, at this juncture, the applicant is not entitled to get bail by this Court and would pray for rejection of the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact particularly memorandum statement of the witnesses who have not supported the case of the prosecution with regard to prima facie involvement of the applicant in the crime in question and also considering the fact that the applicant is in jail since 19.11.2024, looking to the period of detention of the present applicant, this Court is of the view that the present applicant is entitled to be released on bail. 7. Accordingly, the bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned trial court. He shall appear before the trial court on each and every date given by the said trial court, till disposal of the trial. Certified copy as per rules. Sd/- (Narendra Kumar Vyas) Judge Arun