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2025 DAILYLAW 13501 (CHH)

DILIP SARKAR v. STATE OF CHHATTISGARH

MCRC/2143/2025 · 2025-03-18

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:12770 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2143 of 2025 1 - Dilip Sarkar S/o Shri Aditya Sarkar Aged About 49 Years By Caste - Gond, R/o Village Nayapara Tahsil Antagarh District North Bastar Kanker Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Antagarh, District North Baster Kanker Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Shreyansh Pathak, Advocate For Respondent(s) : Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 18/03/2025 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 48/2024, registered at Police Station Antagarh, District- North Bastar, Kanker (CG) for the offence punishable under Section 90(1), 91, 238, 3(5), 103(1) 2 of BNS, 2023. 2. The prosecution story in brief, is that, the applicant has given birth control tablets to the victim who has the love interest of the main accused Nagesh kumar komra which was given from the medical store registered in the name of the daughter of the present applicant and examined the victim Amrita padda and given 5 birth control tablets to the victim and the co-accused Nagesh kumar komra has given tablets to her in the house of her sister which resulted into the death of the victim. So on the basis of the report thana police registered the offences under section 90(1), 91, 238, 3(5), 103(1) Of BNS 3. It was argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant is not the proprietor of the medical shop which is in question from where the tablet were purchased. He further contended that the trial is likely to take some time for its conclusion therefore bail may be granted to the present applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that all the evidences are against the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & 3 gravity of the offence, material available in the case dairy, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant- Dilip Sarkar involved in Crime No. 48/2024 under 90(1), 91, 238, 3(5), 103(1) Of BNS, 2023 at Police Station- Antagarh, District- North Bastar, Kanker, Chhattisgarh, is rejected. 7. However, this Court hopes and trusts that the Trial Court shall make earnest endeavour to conclude the trial expeditiously as soon as possible in accordance with law, if there is no legal impediment. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) JUDGE Madhurima