Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:2602
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 104 of 2025 1 - Nirdosh Tirkey S/o Shanichar Tirkey Aged About 35 Years R/o Barjor Dumartoli, Police Station- Kansabel, District- Jashpur (C.G.)
... Applicant(s) versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station- Kunkuri, District-Jashpur (C.G.)
... Respondent(s) For Applicant(s) : Shri Arun Kumar Shukla, Advocate. For the State : Ms. Pragya Shrivastava, Dy. Govt. Advocate.
Hon’ble Shri Justice Arvind Kumar Verma
Order on Board 15/01/2025
1. The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.136/2024 registered at Police Station Kunkuri, District Jashpur (C.G.) for the offence punishable under Sections 103(1), 238, 61(1) of B.N.S.
2. The case of the prosecution is that applicant and other co-accused took the deceased Abhishek Lakra in Shritoli Churha Gada Jungle and committed murder of deceased Abhishek Lakra by strangulation and NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.20 11:18:34 +0530
2 thereafter thrown his dead body in order to disappear the evidence.
3. Learned counsel for the applicant submits that he has never committed murder of the deceased and only on the basis of memorandum of co- accused present applicant has been roped in this case, charge-sheet has already been filed and trial will take much time for its conclusion and he is in jail since 16/09/2024, hence he prays for release on bail to the applicant.
4. Learned counsel for the State opposes the submission made by
learned counsel for the applicant and submits that the allegation against the applicant is very serious and brutally murder the deceased, which is a heinous offence. Hence, he is not entitled for grant of bail.
5. Heard learned counsel for both the parties.
6. Considering the entire facts and circumstances of the case, applicant was involved in criminal conspiracy and it is not only murder but also the crime was committed in a gruesome manner by cutting off the head of the deceased to destroy the evidence of murder, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail.
7. Accordingly, the bail application of the applicant Nirdosh Tirkey filed under Section 483 of BNSS involved in Crime No.136/2024 registered at Police Station Kunkuri, District Jashpur (C.G.) for the offence punishable under Sections 103(1), 238, 61(1) of B.N.S, is rejected. Sd/-
(Arvind Kumar Verma)
JUDGE Kamde