1 2026:CGHC:2269 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 157 of 2026 • Ritesh Tonde S/o Kailash Tonde Aged About 25 Years R/o Santmata Karma Ward Bhatapara P.S. Bhatapara (City) Distt Baloda- Bazar Bhatapara (C.G.) ... Applicant. versus • State Of Chhattisgarh Through Station House Officer, Police Station- Simga, District- Baloda-Bazar-Bhatapara (C.G.) --- Respondent For Applicant : Mr. Vijay Shankar Mishra, Advocate. For Respondent/State : Ms. Supriya Upasna, GA. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 14/01/2026 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.360/2025, registered at PS -Simga, District Baloda Bazar, Chhattisgarh, for commission of offence punishable under Sections 296, 351(3), 115(2), 191(2), 191(3), 109(1), 103(1), 61(2) of the BNS. 2. Case of prosecution, in brief, is that in the evening of 4th July 2025, at about 8.00 p.m, near the shop of one Mr. Sanjay Mandle, deceased Tamraj Mahipal resident of village -Tora, was sitting with Dileshwar Dahariya, Rajesh, Krishana and others. At that moment 2 the principal accused Sunil Patre and Amardeep Patre, both sons of Munshi Patre, along with other associates, arrived at the spot in two Vehicles and, thereafter, accused persons got down from their vehicles and began to hurl obscene abuses and launched a violent assault upon Tamraj Mahipal using hands, fists, sticks and sharp- edged weapons targeting vital parts of the body particularly the head and chest with an intention to cause his death. Due to said assault, victim -Tamraj Mahipal suffered grievous injuries and he died during treatment. Based upon report lodged by complainant- Aman Mandel, FIR was registered against the accused persons alongwith present applicant in the aforementioned crime/offence. 3. Learned counsel for the applicant submits that applicant’s name is not mentioned in the FIR nor he has been recognized in the Test Identification Parade. Prosecution failed to explain as to on what basis, applicant has been implicated in this case. Entire case of prosecution against the applicant is only on the basis of memorandum statements of co-accused persons and evidence of the prosecution witnesses, however, there is no any material/evidence available showing that applicant is involved in any manner in the alleged crime. Co-accused/Salikram Dhruw has been enlarged on bail by this Court vide order dated 04.11.2025 in MCRC No.8736/2025. Applicant is in jail since 05.07.2025, 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 and pointed out that there is one previous antecedent 3 registered against the applicant under the Excise Act. 5. Heard learned counsel for the parties. 6. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, particularly the submission that applicant’s name is not mentioned in the FIR nor he has been recognized in the Test Identification Parade, further the fact that co- accused/Salikram Dhruw has been enlarged on bail by this Court vide order dated 04.11.2025 in MCRC No.8736/2025, detention period of the 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/-