1 2025:CGHC:19141 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2702 of 2025 1 - Ganesh Ram Chelak S/o Late Chaitram Chelak Aged About 70 Years Resident Of Village Rampur, Ward No. 24, Tahsil Bhathapara, Jaysthamb Chowk Kumhari, District Durg (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through- District Magistrate, Durg, District Durg (C.G.) Police Station Kumhari, District Durg, (C.G.). ... Non-applicant For Applicant : Mr. Shashi Kumar Kushwaha, Advocate For Res./State : Ms. Sunita Manikpuri, Deputy Government Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 28.04.2025 1. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. 2. The applicant was arrested on 11.08.2023 in connection with Crime No. 162 of 2023 registered at PS- Kumhari, District-Durg, Chhattisgarh for the offence punishable under Sections 307, 302/34 of the Indian Penal Code and 2 the Police has produced Challan with adding under Section 307,302,201/34 of the Indian Penal Code. 3. Case of the prosecution in brief is that on 11.08.2023, at about 23.45 hours the deceased Kamal Khute and his cousin brother Hitesh were coming from hospital to their house, on the way the accused persons caught them hold and on the previous dispute they started quarreling them. The incident converted into Marpeet and co accused -Bheekam has made repeated knife blow on the body of the Kamal Khuthe as well as injured Hitesh by which Kamal Khute died on the spot. The report has been lodged by the injured Hitesh and thereafter, the police has registered the FIR in which the present applicant alongwith other co-accused persons has also been arrested. 4. Learned counsel for the applicant would submit that the applicant has been falsely implicated in the crime in question. He would further submit that there is no allegation against the present applicant that he assaulted the deceased Kamal Khuthe or the injured Hitesh. There was a previous dispute between the deceased and other accused persons and he only intervened to get them separated but unfortunately all of a sudden the co accused Bhekham made knife blow on the body of the Kamal Khuthe and Hitesh. The applicant is aged about 70 years and have not actively participated to the alleged offence. The applicant is in jail since 11.08.2023, charge-sheet has been filed and conclusion of trial will take some time, therefore, the applicant may be enlarged on bail. 5. On the other hand, learned State counsel opposes the bail application, and would submit that from the statement of the witnesses it clearly appears that the present applicant Ganesh Ram Chelak caught hold the deceased when the co-accused- Bheekam assaulting him by knife therefore, he is not entitled for bail. 6. I have heard learned counsel for the parties and perused the material annexed with the bail application. 7. Considering the submissions made by learned counsel for the parties, also considering the nature of allegation and the material collected during the investigation, particularly considering that the appellant is aged about 70 years and he is in jail since 14.08.2023, on the ground of his age and detention 3 period and further that final adjudication of the case would take some time, without commenting anything on merits of the case, I am inclined to release the applicant on bail. 8. Accordingly, the bail application filed by the applicant- Ganesh Ram Chelak is allowed and he shall be released on bail on his executing a personal bond in sum of Rs.25000/- with one surety of the like sum to the satisfaction of the concerned trial Court. Applicant shall also abide by the following conditions: i. that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or to any Police OfÏcer; ii. that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial. iii. that the applicant shall appear before the trial Court on each and every date given to them by the concerned trial Court till disposal of the trial unless exempted. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE amita Digitally signed by AMITA DUBEY Date: 2025.04.29 16:12:10 +0530