1 2025:CGHC:14232 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2330 of 2025 1 - Shivaram Sahu @ Shiva S/o Late Mansukh Lal Sahu Aged About 23 Years R/o Village Pendri Basti, Ward No. 20, Lalbag, Police Station Lalbag, Tahsil And District Rajnandgaon, Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House OfÏcer, Police Station Lalbag, District Rajnandgaon, Chhattisgarh. ---Non-Applicant For Applicants : Mr. Aditya Bhardwaj, Advocate For-Non-applicant : Mr. Neeraj Sharma, Dy. A.G. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 25/03/2025 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. in connection with Crime No. 418/2024, registered at Police Station Lalbag, District Rajnandgaon, Chhattisgarh for the offences punishable under Sections 103(3), 49, 3 (5) of BNS 2023. 2. The prosecution story in brief, is that, the complainant Narayan Patel lodged a report at police station on 17.09.2024, stating that his son, Kamta Prasad Patel alias Jogi, was attacked due to an old rivalry. On Digitally signed by JYOTI JHA Date: 2025.03.26 10:59:00 +0530 2 17.09.2024 at around 05:00pm, Inderjeet, a resident of Pindari, assaulted Kamta Prasad Patel near the Bajrangbali Temple in the village using a knife. After stabbing the victim, the accused threw the knife nearby and fled the scene. As a result of the knife attack, Kamta sustained multiple stabl wounds on his body. He was taken to the Medical College, Pindari, for treatment, where the doctor declared him dead. During the investigation, a forensic expert was summoned and the crime scene was inspected following proper directives. The collected evidence was legally preserved. During the investigation, it was found that Indrajeet, along with Baba Yadav and present applicant Shiv Sahu had conspired to commit the crime. Upon interrogation, present applicant confessed that he had instigated the minor, Indrajeet, and Baba Yadav, to commit the murder. On this basis, applicant has been arrested on 19.09.2024. 3. It was argued by the learned counsel for the applicant that the applicant has been implicated solely on the basis of statements made by co- accused persons, which hold no evidentiary value unless corroborated by independent proof. The applicant was not physically present at the scene of the crime at the time of incident, even the prosecution has not collected any documents, which may show involvement of applicant in commission of said offence, therefore the applicant may be released on bail 4. On the other hand, the learned counsel for the State opposes the bail application and submits that there is ample evidence on record to connect the appellant with commission of the offence. Inderjeet confessed that since shiv sahu (applicant) and Baba yadav had enmity with Kamta Patel, Shiv Sahu instigated Indrajeet saying that “Since you are a minor, nothing will happen to you. Just stab Kamta Patel, and I will get you 3 released” and they had conspired to commit the crime. It clearly shows the involvement of the present applicant. For which, the applicant has not given any plausible explanation, therefore, their bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary produced by the learned counsel for the State. 6. Considering the nature and gravity of the offence and further considering the fact that the Inderjeet confessed that since shiv sahu (applicant) and Baba yadav had enmity with Kamta Patel, Shiv Sahu instigated Indrajeet saying that “Since you are a minor, nothing will happen to you. Just stab Kamta Patel, and I will get you released” and they had conspired to commit the crime, it clearly shows the involvement of the present applicant, further there are 4 criminal antecedents against the applicant, and it is not a fit case to enlarge the applicant on regular bail as he is habitual offender, therefore the aforesaid bail application of the applicant at this stage, is rejected. 7. OfÏce is directed to provide a certified copy of this order to the trial Court for necessary information. Sd/- (Arvind Kumar Verma) Judge Jyoti