1. All the criminal revision petitions are heard together and decided by this common order, as they all are arising out of one sessions trial and as the facts and issues involved are similar in nature.

2. These revision petitions have been filed against the impugned order of framing of charge against the petitioners in all the cases dated 05.11.2016, in S.T. No.149/2016, by the 5th Additional Sessions Judge, Bilaspur, with prayer for discharge of all the petitioners/accused persons.

3. Mr. Kishore Bhaduri, learned counsel appearing on behalf of the petitioner in Criminal Revision No.266/2017 submits that the deceased was friend of the accused persons. On the intervening night of the 21-22/07/2016, a party was organized by one Kabir Arora in TDS Bar situated in Magneto Mall, Bilaspur, in which all the petitioners, deceased – Gaurang Bobde and others friends Kabir Arora, Aditya Arora and Sandeep Mohanti participated. After enjoying party, at about 2.50 am, petitioners accompanied with deceased- Gaurang Bobde came out from the TDS Bar and headed for the lift, as lift was not available in the same floor, all the petitioners accompanied with the deceased headed towards the staircase. It is submitted that the deceased Gaurang Bobde was in inebriated condition while descending through the staircase, he could not maintain his balance and fell down from the staircase to the ground floor suffering grievous injuries on various part of his body, which resulted in his death.

4. It is submitted that the case of death of deceased-Gaurang Bobade had been purely accidental and petitioners had no role to play in this incident. Morgue intimation was registered, without there being any iota of evidence, final charge-sheet was prepared by the investigation officer mentioning in it, that deceased was in inebriated condition in company of the accused persons in inadvertently and knowing well that it may be dangerous for the deceased proceeded towards the staircase ignoring the beckoning and call of the lift man Pushpendra Singh. Further petitioner – Ankit Malhotra, was seen pulling forcefully the deceased towards railing of the staircase and he allowed him to fall down. The rest of the petitioners/accused persons shared the intention of the accused Ankit Malhotra in this incident and after fall and death of deceased, all the petitioners/accused persons fled away from the spot on the first opportunity without taking care of the deceased.

5. It is further submitted by Mr. Bhaduri that FIR was lodged by belatedly on 25.07.2016 mentioning the same facts as narrated above. As per the spot inspection report, which has been opined by the Senior Scientific Officer, Scene of Crime Mobile Unit, Bilaspur that the deceased get unbalanced and fell down from the staircase because of which he suffered injuries and died. Postmortem report of the deceased does not disclose as to in what manner the deceased sustained injuries. It has been simply opined by the Autopsy Surgeon that death resulted due to coma which was caused due to head injuries associated with excessive internal hemorrhage due to rupture of liver. No opinion was given that any of the injuries were caused by any object of whatsoever description.

6. The case of the prosecution is based only on the analysis of CCTV footage recorded at the time of incident shows four persons descending from staircase and fifth person following them getting unbalanced and falling down on the side of the railing of the staircase. It is submitted that on viewing this CCTV footage, it is amply clear that the accused persons in this case has no role to play because deceased himself got unbalanced and fell down from the staircase.

7. Mr. Bhaduri further submits that the statement of the witnesses also do not disclose anything, which can be attributed on the part of the petitioners/accused persons for holding them responsible for the death of the deceased. Witnesses Shri Rang Champat Rao Bobde, Smt. Bharti Bobde are parents and