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2025 DAILYLAW 15350 (CHH)

GHANSHYAM v. STATE OF CHHATTISGARH

MCRC/2495/2025 · 2025-04-23

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:18479 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2495 of 2025 Ghanshyam S/o Ramlal Aged About 26 Years R/o Village Sudbena P.S. Korandha District Balrampur - Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer P.S. Korandha District Balrampur - Ramanujganj (C.G.) ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Nishi Kant Sinha, Advocate For Respondent/State : Mrs. Pragya Shrivastava, Deputy G.A. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 23/04/2025 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested in connection with Crime No. 25 of 2022, registered at Police Station Korandha, District Balrampur-Ramanujganj (C.G.) for the offence under Sections 302, 201 of Indian Penal Code (in short ‘IPC’). VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.04.24 19:17:36 +0530 2 2. The case of prosecution in brief is that, the deceased is the wife of the applicant, who found dead in her house on 31.12.2022. The injuries have been found on the body of the deceased. On being merg intimation, the FIR has been registered against the applicant and he has been arrested on 31.12.2022. 3. Learned counsel for the applicant would submit that there is no eyewitness to the incident and except the memorandum, there is no other evidence against him. During the trial, the memorandum and seizure witnesses have turned hostile and not supported the prosecution's case. Even the mother of the applicant has deposed that the applicant was not there in the house on the alleged date of incident. The applicant is in jail since 31.12.2022 and till date only 06 witnesses have been examined out of total 17 witnesses, final adjudication of the case will take its own time, therefore he may be enlarged on bail. 4. On the other hand, learned counsel for the State would submit that it is a case of murder of wife inside the house and it is for the applicant, who explained as to how his wife is found dead in unnatural circumstances having injuries on her body. Therefore, he is not entitled for bail. 5. I have heard learned counsel for the parties and perused the documents annexed with the application. 6. Considering the submissions made by learned counsel for the parties, considering the nature of the allegations and the material collected during the investigation and the fact that the deceased was 3 the wife of the applicant, who found dead inside the house having injuries on her body, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application of the applicant is rejected. 8. Considering the fact that the applicant is in jail since 31.12.2022 and till date only 06 witnesses have been examined, the learned trial Court is directed to expedite the trial and conclude the same as early as possible. 9. A copy of this order shall be forwarded to the learned trial Court for information and necessary compliance. Sd/- (Ravindra Kumar Agrawal) Judge ved