1 2026:CGHC:19547 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3725 of 2026 1 - Rohit Baghel S/o Sallu Baghel, Aged About 20 Years, R/o Mowa Laxmi Nagar, Near Mahima Kirana Stores Pandari, Police Station Pandari -District Raipur C.G. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer Telibandha Raipur District Raipur C.G. ... Respondent For Applicant : Ms. Ankita Goswami, Advocate. For Respondent/State : Mr. Anish Tiwari, Dy. G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 28 / 04 / 2026 1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 617/2024 registered at Police Station – Telibandha, District –Raipur (C.G.) for the offence punishable under Sections 103(1), 3(5) of BNS and Section 25 and 27 of the Arms Act. 2. The prosecution case, in brief, is that deceased Ishwar Ram Rajwade and Vivek Rajwada were both drivers of authorized SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.04.28 14:47:27 +0530 2 government vehicles who had brought their respective bosses from Ambikapur to Raipur. Ishwar Ram Rajawada left his boss at Punit Hotel Pandri and Vivek Rajwada left his boss at Guest House Krishi College. Thereafter both the drivers came to Guest House Krishi College for night rest. Deceased Ishwar Ram Rajwada woke up on 23.09.2024 at 3.15 a.m., and after getting up Vivek Rajwada, the deceased Ishwar said that he was unable to sleep and let them go to Marine Drive and have tea. Both came to Marine Drive on a Scooty and were talking while sitting on the platform of Marine drive. (ii) At that time at about 3.40 a.m., the present applicant along with other accused came there on a scooter and two boys got down and came to the victim Ishwar and Vivek and told them that petrol was exhausted in their scooter and asked for Rs. 50/-, on which, deceased Ishwar and Vivek said that they have come wearing lower T-Shirt and they do not have any money. The accused said that there must be money in their mobiles and asked the victim Ishwar and Vivek to show their mobiles, and the accused will check it and by saying this, they took out a buttoned knife from their possession and by threatening the two drivers took the mobile of victim Ishwar and sat on the scooter whereas the juvenile accused apprehended Vivek by showing knife. When the applicant and co-accused sitting 3 on the scooter tried to escape, deceased Ishwar Rajwade caught hold of the scooter and made them fall down. Meanwhile, one of the accused Suraj Nayak, came running and stabbed Ishwar 3-4 times with a knife. The juvenile "xyz" and the applicant-Rohit Baghel, who had fallen from scooter, got up and juvenile assaulted the deceased by knife carried by juvenile whereas the appliant-Rohit Baghel assaulted with hands, slaps and kicks. When the deceased Ishwar Rajwade fell down in a pool of blood, the accused, ran-away on scooter. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. She further submits that there is no direct allegation against the present applicant and that the applicant had no active participation in the alleged offence. She next submits that only clothes have been seized from the applicant, which do not bear any bloodstains. The applicant is in jail since 24.09.2024; till date out of a total 21 witnesses, only 10 have been examined and there is no immediate possibility of disposal of case, therefore, the applicant may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes the prayer for grant of bail and submits that the eyewitness has seen the applicant committing the offence and that 4 there was active participation of the applicant in the commission of the crime. He next submits that the CCTV footage clearly depicts the applicant, along with other co- accused persons, assaulting the deceased in furtherance of their common intention. Hence, looking to the nature of the crime committed by the applicant, at this stage, he may not be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the entire facts and circumstances of the case, particularly looking to the material available on record, the evidence collected by the prosecution against the applicant and the nature of crime, at this stage, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected. 7. However, looking to the custody period of the applicant, the trial Court is directed to expedite the trial as early as possible preferably within a period of 05 months. 8. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.