2025:CGHC:10724 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1760 of 2025 Premlal Sinha S/o Pritam Sinha Aged About 21 Years R/o Mirmitti, Police Station Pipariya, District Kabirdham, Chhattisgarh (Details Of Cause Title Mentioned As Per E-Court Services Online Case Status) ... Applicant(s) versus State of Chhattisgarh Through Police Station Pipariya District Kabirdham, Chhattisgarh. --- Respondent For Applicant : Mr. Ashwin Panickar, Advocate. For State/Respondent : Ms. Sunita Manikpuri, Dy. GA. Hon'ble Shri Justice Arvind Kumar Verma Order On Board 05/03/2025 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.312/2021, registered at PS -Pipariya District Kabirdham, Chhattisgarh, for commission of offence punishable under Sections 449, 396, 302 of the IPC. 2. Case of prosecution, in brief, is that on 26.08.2021, present applicant alongwith four other co-accused persons (juveniles) at midnight jumped into the farm house to commit theft where deceased (Vishwanath Nayar) was sleeping. When the deceased woke up on hearing the commotion, the applicant assaulted him by means of iron rod in his head and also strangulated him with electric wire and, thereafter, ran away with two bags of pulses, gold chain, cash & mobile of the deceased. Based upon report, FIR was registered and applicant has been arrested. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, there is no iota of evidence by which it can be said that applicant has committed the said crime/offence. PW-13/memorandum witness in his evidence has admitted that no seizure was made in his presence. There is no any other previous criminal antecedents against the applicant. Applicant is in jail since 31.08.2021, 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, hence, he is not entitled for grant of regular bail. 5. Heard learned counsel for the parties. 6. Considering facts of the case, nature of allegations, submission of learned counsel for the parties, evidence of the prosecution witnesses, particularly the fact that present applicant alongwith other co-accused persons committed theft and, thereafter, assaulted the head of deceased by means of iron rod and also strangulated him with electric wire, due to which, deceased died, I am not inclined to allow this bail application. 7. Accordingly, bail application is hereby rejected. However, trial Court concerned is directed to expedite the trial, as soon as possible, if there is no legal impediment. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.