1 2025:CGHC:10419 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1555 of 2025 1 - Baldev Rathiya S/o Shri Motiram Rathiya Aged About 45 Years R/o Gersa, Thana - Dharamjaigarh, Dist- Raigarh (C.G.) ...Applicant(s) versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station - Dharamjaigarh, Dist- Raigarh (C.G.) ... Respondent(s) For Applicant(s) : Shri Aniruddha Shrivastava, Advocate For Respondent/State : Ms. Pragya Shrivastava, Dy.GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 03/03/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 72/2020 registered at police station Saraipali District Mahasamund (CG) for the offence punishable under Section 302, of the IPC. 2. Prosecution case in brief is that on 16.05.2020, merg intimation was given by the complainant Gadaram Rathiya, who is the son of the deceased at Police Station Dharamjaigarh alleging that his father had 2 gone to his field at Bhangbadi. It is alleged that at about 7.30 am he was informed by Dilip Rathiya that the applicant assaulted with axe and committed murder of his father. On receiving the information, he went to the place of incident and saw his father lying dead in the hut. On the basis of the said report, the applicant was arrested. 4. Contention of the counsel for the applicant is that the applicant has been falsely implicated in the crime in question. He further submits that material witness Gadaram Rathiya (PW-1) son of the deceased and the star witness to the incident Dilip Rathia (PW-2) have not supported the case of prosecution. He submits that the applicant is in jail since 4 years nine months, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 5. Learned counsel for the respondent/State, on the other hand, has opposed the bail application. 7. Heard counsel for the parties and perused the record. 8. On due consideration of the rival submissions and the fact that the material witnesses have not supported the prosecution case and that he is in jail since 4 years and nine months, the charge sheet has been filed and the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 9. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the 3 concerned trial court, he shall be released on bail on the following conditions: (i) he shall not directly or indirectly make any inducement,threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial, (iv) he shall not involve himself in any offence of similar nature in future. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.03.05 11:18:21 +0530