Dismissed¶29

Mithun Nishad v. State of Chhattisgarh

Bail – Regular bail – First application under Section 483 BNSS 2023

Chhattisgarh HC4 May 2025MCRC/3047/2025

Download

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; MCRC No. 3047 of 2025 (decision dated 05.05.2025, Ravindra Kumar Agrawal J.); first regular bail application under Section 483 BNSS 2023 by Mithun Nishad, accused of murder (Sections 302, 34 IPC) in Crime No.624/2023, PS Tikarapara, Raipur, arising from assault on Dinesh @ Baba on 20.11.2023; bail rejected on grounds of gravity of offence despite defence claim that eyewitnesses turned hostile.

What did the court decide?

Taking into account the submissions of counsel, the nature of allegations, the material collected by the prosecution during investigation, the statements of the witnesses and the gravity of the offence committed by the applicant, the Court was not inclined to grant regular bail. ¶28

Mithun Nishad Vs State of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2025)

¶1

Digitally signed by V PADMAVATHI Date: 2025.05.07 10:53:38 +0530

¶2

2025:CGHC:20567

¶3

NAFR

¶4

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

MCRC No. 3047 of 2025

¶6

Mithun Nishad S/o Bhimsen Nishad Aged About 20 Years (Not Mentioned In The Order Sheet ) R/o Taj Nagar Santoshi Nagar Tikarapara District - Raipur (C.G.)

¶7

... Applicant

¶8

versus

¶9

State Of Chhattisgarh Through The Police Station Tikarapara District - Raipur (C.G.)

¶10

... Respondent

¶11

(Cause title is taken from the CIS)

¶12

For Applicant	: Shri Tanuj Patwardhan, Advocate
For Respondent/State	: Ms Sunita Manikpuri, Dy GA

¶13

Hon'ble Shri Justice Ravindra Kumar Agrawal

¶14

Order on Board

¶15

05.05.2025

¶16

Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail.

¶17

The applicant was arrested on 24.11.2023 in connection with Crime No.624 of 2023 registered at PS- Tikarapara, District- Raipur, CG for the offence punishable under Sections 302 and 34 of the IPC.

¶18

Case of the prosecution in brief is that on 20.11.2023 in the night at about 10 pm, when the deceased Dinesh @ Baba along with his two friends, namely, Istikar Khan, and Mohd Sohail, were coming to their house on Motorcycle, on the way near Mathpuraina Durga Mandir, accused persons

¶19

Mcrc 3047 of 2025

¶20

¶21

stopped them, and tried to remove the key of Motorcycle. Once they protested, accused persons started assaulting Dinesh @ Baba with hands, fists, and kicks. At that time, when they tried to intervene, after assaulting the deceased the accused persons fled away. The deceased was immediately taken to the hospital, where, he died during the treatment, due to grievous injuries. Report has been lodged, present applicant has been arrested on 24.11.2023, and charge-sheet has been filed.

¶22

Learned counsel for the applicant would submit that though there are two eyewitnesses to the incident, both of them have been examined before the learned trial court but not supported the prosecution case, with respect to present applicant, and they have clearly disclosed that the applicant was not involved in the present case. Applicant is in jail since 24.11.2023, till date only three witnesses have been examined, and final adjudication of the case will take its own time. Hence, the applicant may be enlarged on bail.

¶23

On the other hand, learned State counsel opposes the bail application, and would submit that from the statement of Istikar Khan, and Mohd Sohail, involvement of the applicant in the crime is there, who also assaulted the deceased with hands, fists, and kicks. When the deceased was being taken to the hospital, immediately he died. Therefore, there is material which shows that applicant is involved in the offence of commission of murder of the deceased, and therefore, he is not entitled for bail.

¶24

Heard learned counsel for the parties, and perused the case diary.

¶25

Considering the submissions made by learned counsel for the parties, nature of allegations, as also the material collected by the prosecution during

¶26

Mcrc 3047 of 2025

¶27

¶28

investigation, further, considering statement of the witnesses, also looking to gravity of the offence committed by the applicant, I am not inclined to grant regular bail to the applicant.

¶29

8. Accordingly, bail application is rejected.

¶30

Certified copy as per rules.

¶31

Sd/-

¶32

(Ravindra Kumar Agrawal) JUDGE

¶33

padma

Mithun Nishad v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Mithun Nishad v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Rampyare Singh Gond Vs the State of Chhattisgarh

Rajesh Kumar Shukla Vs the State of Chhattisgarh

Anil Khute Vs State of Chhattisgarh

Akash Deep Manhar Vs Smt. Manju Manhar

Arun Kumar Sharma Vs the State of Chhattisgarh

Mukesh Kewat Vs State of Chhattisgarh