Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:12381
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2032 of 2025 • Daulat Ram Banjare S/o Matru Ram Banjare Aged About 27 Years R/o Village Vinayak Nagar, Fingeshwar, P.S. Fingeshwar, Distt.- Gariyaband (C.G.)
... Applicant versus • State Of Chhattisgarh Through Police Station Fingeshwar, District- Gariyaband (C.G.)
... Non-applicant For Applicant : Ms. Payal Jain, Advocate For State : Ms. Sunita Manikpuri, P.L. Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 12.03.2025
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.269/2023, registered at PS – Fingeshwar, District-Gariyaband, C.G, for commission of offence punishable under Sections 302 of BNSS. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.29 15:57:37 +0530
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2. Case of prosecution, in brief, is that the complainant lodged a complaint on 31.08.2023 at around 6:00 P.M. her husband asked for money and on refusing the same, applicant threatened her for life of their 11 months old child and ran away snatching the child. At around 10:00 P.M. when applicant returned back home and when applicant returned back home and was enquired about the child, as per his information the child was looked after in the jungle, where the child was found hanging from the branch of tree. 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. She further submits that the applicant is suffering from mental illness since 2018 and he is taking under treatment for the same. She also submits that prosecution has examined as many as 7 witnesses and none of them has deposed anything to bring on record that the deceased was killed by the applicant and he is ready to furnish the adequate surety and shall abide by all the direction and condition of which may be imposed upon him. She also submits that applicant is in jail since 01.09.2023, 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. 3
5. Heard learned counsel for the parties and perused the records. 6. Considering entire facts of the case, nature of allegations, seriousness of offence submission of learned counsel for the parties, material available on record, trial is going on and 7 witnesses have already been examined before the trial Court, 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