Kishan Giri Goswami Alias Naitra v. State Of Chhattisgarh Through Police Station Sirgitti, District Bilaspur, Chhattisgarh (Wrongly Mentioned

1 - Kishan Giri Goswami Alias Naitra S/o Shri Sant Giri Goswami Aged About 21 Years (Wrongly Mentioned As 19 Years), R/o Ganesh Nagar, Nayapara, Police Station Sirgitti, Bilaspur, District Bilaspur, Chhattisgarh Versus ... Applicant 1 - State Of Chhattisgarh Through Police Station Sirgitti, District Bilaspur, Chhattisgarh (Wrongly Mentioned As State Of Chhattisgarh Through District Magistrate, Bilaspur, Chhattisgarh (Through Police Station, Sirgitti, District Bilaspur, Chhattisgarh) ... Non-Applicant For Applicant : Mr. Yashkaran Singh, Advocate For Non-Applicant : Mr. Neeraj Sharma, Dy. A.G. SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 23/09/2025

This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 351/2023 registered at Police Station - Sirgitti, District – Bilaspur, Chhattisgarh for the offences punishable under Sections 147, 148, 302/149 or 302/34 of Indian Penal Code, 1860 and under Sections 25 (1-B) of the Arms Act,

1959. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2

Case of prosecution is that, on 16.05.2023 at about 06:00 P.M., Monu @ Pawan Soni was standing in front of Betel Shop (Pan Shop) of Pintu Yadav, at that relevant point of time, Ramu Yadav along with 12 other co- accused persons came there armed with sharp edged weapons and club and have started assaulting the deceased Pawan Soni due to which, he suffered injuries over his person and succumbed to his injuries on the spot. The incident was reported to the concerned police station, upon which, aforementioned crime was registered and applicant was arrested.

Learned counsel for the applicant submit that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits that this Court has extended benefit of bail to co-accused Santosh Yadav in M.Cr.C. No. 5403/2025 vide order dated 11.07.2025 and Irfan Khan @ Bagira in M.Cr.C. No. 6660/2025 vide order dated 09.09.2025. Case of the applicant is also on similar footing. He is in jail since 17.05.2023. Hence, he may be enlarged on bail.

On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant and would submit that this Court while allowing the bail applications of co-accused Santosh Yadav and Irfan Khan @ Bagira have considered that there is no allegation of assault against those two accused persons. In the aforementioned bail orders, so far as it relates to the applicant, Suresh Soni (PW – 1) and Saroj Soni (PW – 2) have named the applicant in assault by means of baseball bat and therefore, the applicant cannot seek parity with co-accused Santosh Yadav and Irfan Khan @ Bagira. I have heard learned counsel for the respective parties. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties,

3 documents placed before this Court during the course of argument, I do not find present to be a fit case to allow the application for grant of bail.