2024:CGHC:31708 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5517 of 2024 Naveen Singh Thakur S/o. Bhagwan Singh Thakur Aged About 28 Years R/o. Virendra Nagar, BTI Colony, Ward No. 1, at and PS Saraipali, Mahasamund (C.G.)

... Applicant versus State of Chhattisgarh Through SHO, PS Aarang, Raipur (C.G.)

... Non-Applicant For Applicant : Mr. Raja Sharma, Advocate.

For Non-Applicant/State : Mr. Neeraj Sharma, Deputy Govt. Advocate.

For Objector : Ms. Rajni Soren, Advocate.

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

21/08/2024

1. The applicant has preferred this First Bail Application under Section

483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 421/2024, registered at Police Station - Aarang, District – Raipur (C.G.) for the offence punishable under Section 304 read with 34 of the Indian Penal Code, 1860 (in short 'the IPC').

2. The prosecution story, in brief, is that the applicant is one of the accused persons who was chasing a truck bearing registration number CG 07 CG 3929 which stopped at the Mahanadi Bridge of Aarang and Chand Miya, Saddam Khan and Guddu Khan got down from the truck and jumped in the river resulting in instant death of Chand Miya, death of Guddu Khan on the way to Hospital and death of Saddam Khan during treatment.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case as the prosecution has miserably failed to bring home the ingredients of the charges levelled against the applicant. He further submits that there is no eye witness to the incident and FIR has been registered against the unknown person. He further submits that the presence of applicant at the spot is not proved. He also submits that there is no previous criminal antecedents of the applicant. Charge-sheet has been filed, applicant is in jail since 25.06.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

4. On the other hand, learned State counsel as well as counsel for the objector oppose the bail application. Learned counsel for the objector submits that instead of registering the FIR under Section 302 of the IPC, FIR was registered under Section 304 of the IPC. The Investigating OfÏcer in the charge-sheet has ignored the statement of the complainant Suhaib Khan (cousin of deceased Chand Miya) that Chand Miya and Saddam had called and informed that they had been beaten. All the three deceased persons made several phone calls at the time of their death which is evident from the CDR which forms part of charge-sheet. The call records establish the fact that the applicant and other accused persons were chasing the deceased persons and were present at the scene of crime. Therefore, the bail application deserves to be dismissed.

5. I have heard learned counsel for the parties and perused the materials available on record.

6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and the fact that FIR has been registered against the unknown person, applicant has no criminal antecedents, charge-sheet has been filed and the applicant is in jail since 25.06.2024 and the conclusion of the trial is likely to take quite long time, without commenting on merits of the case, I am inclined to grant bail to the applicant.

7. Let applicant - Naveen Singh Thakur involved in Crime No.

421/2024, registered at Police Station - Aarang, District – Raipur (C.G.) for the offence punishable under Section 304 read with 34 of the IPC, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of