Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:10604
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1729 of 2025 • Takal @ Vishal S/o Late Anand Cherwa Aged About 25 Years R/o Chalgli Baigapara Police Station Raghunathnagar District- Balrampur - Ramanujganj (C.G.)
... Applicant versus • State of Chhattisgarh Through Station House Officer P.S. Chalgli District - Balrampur - Ramanujganj (C.G.)
... Non-applicant For Applicant : Mr. Nishi Kant Sinha, Advocate For Non-applicant : Ms. Pushpalata Xalxo, P.L. 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.43/2022, registered at PS – Chalgali, District- Balrampur, Ramanujganj C.G, for commission of offence punishable under Sections 302, 325 of IPC. 2. Case of prosecution, in brief, is that 31.07.2022 at about 4:00 P.M. informant Sonpal saw the dead body of deceased lying near the road thereafter one Vimla (villager) came and told that last VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.10 18:33:05 +0530
2 night accused came to their house and asked for torch and took the torch by force which was opposed by her husband Vinod on which he assaulted Vinod with wooden club then Ranjeet Gond came and interrupted their fight on which the applicant assaulted the deceased due to which he succumbed injuries thereafter they left the place and slept at their house. 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 submits that the applicant was having no intention to cause death of the deceased. He further submit that prosecution has examined as well as 11 witness including all prime witnesses but none supported the prosecution case. He further submits that the applicant is ready to furnish the adequate surety and shall abide by all the direction and condition which may be imposed upon him. He also submits that applicant is in jail since 31.07.2022, 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, looking to the nature of offence, application may be reject. 5. Heard learned counsel for the parties and perused the records. 3
6. Considering facts of the case, nature of allegations, submission of learned counsel for the parties, material available on record, 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