1 2025:CGHC:16522 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2761 of 2025 • Ashok Kumar S/o Dhiran Aged About 21 Years Resident Of Village Changori, Loharpara, P.S. Dhaurpur, District Sarguja Chhattisgarh ...Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Dhaurpur, District Sarguja Chhattisgarh ... Respondent For Applicant : Mr. Pradeep Kumar Jogi, Advocate For State : Mr. Arvind Dubey, GA Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 08/04/2025 1. This is the second application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.37/2022 registered PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.04.08 17:26:57 +0530 2 at Police Station Dhaurpur, District Sarguja (C.G) for the offence under Sections 302 & 201 of the Indian Penal Code. 2. The first bail application of the applicant was rejected on merits with a direction to the trial Court to conclude the trial expeditiously vide the order dated 14.08.2023 passed in MCRC No.4216/2023. 3. Prosecution case, in brief, is that the dead body of a small child was found buried in the badi of Ganesh at Village Changori. During the investigation, it was revealed that the present applicant caused the murder of the deceased by throttling his neck and thereafter, buried his dead body. The said fact has also been admitted in the memorandum statement of the applicant. Based on the above allegations, the aforesaid offences were registered against the present applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that the applicant is in jail since 26.11.2022. Although most of the witnesses have been examined, but despite issuance of non-bailable warrant to the concerned Investigating Officer on several occasions, the same had not been served to the concerned Investigating Officer and thereafter, the arrest warrant has also been issued through the Superintendent of Police, Ambikapur. He would further submit that the material witnesses have been examined, but they have not supported the case of the prosecution. Therefore, considering all these aspects, the applicant may be enlarged on bail. 5. Per contra, learned counsel for the State opposes the aforesaid submission. He submits that with regard to the fact about non-service of 3 the arrest warrant on the concerned Investigating Officer shall be brought into the knowledge of the concerned Superintendent of Police and the statement of the concerned Investigating Officer shall also be taken as early as possible. 6. Having considered the submissions of learned counsel for the parties and considering the facts and circumstances of the case, and particularly considering the pre-trial detention of the applicant and also considering the statement recorded by the prosecution, without commenting anything on the merits of the case, I am inclined to release the applicant on bail. 7. Accordingly, the Application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. 8. Certified copy as per rules. Sd/- (Deepak Kumar Tiwari) Judge Priyanka