Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:10605
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1755 of 2025 • Prahlad Shrivas S/o Dular Sai Shrivas Aged About 19 Years R/o Village - Hasaud, Tahsil And Police Station - Hasaud, District - Sakti Chhattisgarh
... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station - Hasaud, District - Sakti Chhattisgarh
... Non-applicant For Applicant : Mr. Anurag Bajpai, Advocate For Non-applicant : Ms. Pragya Shrivastava, Dy. G.A. Hon'ble Shri Arvind Kumar Verma, Judge
Order on Board 04.03.2025
1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.147/2024, registered at PS - Hasaud, District-Sakti, C.G, for commission of offence punishable under Sections 103(1), 332(2), 309(4), 61(2)(a), 317(5), 238(a), 3(5) of BNSS. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.10 18:31:03 +0530
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2. Case of prosecution, in brief, is that a merg intimation was lodged by informant Hiralal Madhukar in Police Station – Hasaud, District - Sakti regarding murder of his Bua (Mangli Bai Mittal) alleging that his aunt was residing in her house alone who has been murdered by unknown person. Based upon report, FIR was registered and applicant has been arrested in aforementioned crime.
3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. He further submits that the entire case of the prosecution is taken on its face value no offence would be made out against the present applicant in crime in question has been collected by the prosecution. He lastly submits that there in no eye witness in this case and there is no circumstantial evidence to implicate the present applicant. He also submits that applicant is in jail since 10.11.2024, conclusion of trial may take some time, hence, applicant may be released on bail.
4. Per contra, learned State Counsel opposes the bail application and submits that there is specific allegation against the applicant of committing aforesaid offence/crime and submits that according to charge-sheet applicant is a habitual offender and he has one previous criminal antecedent, looking to the overt act application may be reject.
5. Heard learned counsel for the parties and perused the records.
6. Considering facts of the case, nature of allegations, submission of
learned counsel for the parties, material available on record and
3 further considering the fact that applicant has one previous criminal antecedent,I am not inclined to allow this bail application.
7. Accordingly, bail application is rejected. Certified copy as per rules.
Sd/-
(Arvind Kumar Verma)
Judge vaishali