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2025 DAILYLAW 11033 (CHH)

GITESH YADAV v. STATE OF CHHATTISGARH

MCRC/1757/2025 · 2025-03-04

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:10606 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1757 of 2025 • Gitesh Yadav S/o Lachhan Yadav Aged About 21 Years R/o Village Aamaseoni, Police Station Vidhan Sabha, Raipur District Raipur, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Vidhan Sabha, Raipur District Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Sanjay Kumar Yadav, 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.709/2024, registered at PS – Vidhan Sabha, District-Raipur, C.G, for commission of offence punishable under Sections 103(1), 109, 190, 191(3) of BNSS. 2. Case of prosecution, in brief, is that on 18.11.2024 at about 6:00 P.M, Rohit Sagar along with his friends were drinking alcohol and after some time Harish Sahu and Rohit Sagar they entered into scuffled on minor issue at that time Monu Sahu intervening but Rohit Sagar and Sahdev Soni beaten him with their hands and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.10 18:35:27 +0530 2 fists then Naredndra Sahu came to his village and told Harish’s brother Suraj Sahu then he along with his friends reached the spot and to take revenge from Rohit Sagar attacked on Rohit then he was taken to Mekahara Hospital for treatment the doctor declared him dead. 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 applicant is ready to furnish the adequate surety and shall abide by all the direction and condition of which may be imposed upon him. He also submits that applicant is in jail since 13.01.2025, 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. 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