Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2612 of 2025 Birasu Lal Padwar Aged About 43 Years Resident Of Village Gummatola, Police Station Gourela, District Gourela-Pendra-Marwahi (C.G.)
... Applicant versus State Of Chhattisgarh Through The Station House Office, Police Of Police Station Gourela, District Gourela-Pendra-Marwahi (C.G.)
... Respondent For Applicant : Mr. Vijay Shankar Mishra, Advocate For Respondent : Ms. Sunita Manikpuri, Dy. Govt. Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 09.06.2025
1. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.220/2024 registered at Police Station Gourela, District Gourela-Pendra- Marwahi (CG) for the offence punishable under Sections 302, 201, 120-B of IPC. BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.06.10 17:56:20 +0530
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2. As per the prosecution case, the applicant, who is the village Kotwar, is alleged to have called deceased Munni Bai on mobile phone for getting the Van Adhikar Patta rectified and in connivance with the co-accused committed her murder. On receiving information about the murder, complainant Omprakash reached the spot and as per his information, offence was registered at Police Station Gourela, District Gourela-Pendra- Marwahi (CG). 3. Learned counsel appearing for the applicant submits that the applicant has been falsely implicated in this case as there is no direct evidence against him. He further submits that there are total 23 witnesses out of which only 7 witnesses have been examined till date and the the applicant is in jail since 21.06.2024 and there is no likelihood of the trial to be concluded at the earliest, therefore, the applicant may be released on bail. 4. Learned State counsel, on the other hand, opposing the bail application submits that on the memorandum statement of the applicant, his mobile and several articles belonging to the deceased have been seized. He further submits that on the date of incident, there was mobile phone conversation between the applicant and the deceased and the call record of which has also been brought on record. Therefore, considering the evidence available on record against the applicant and the nature of offence, the applicant does not deserve to be released on bail. 5. Heard learned counsel for the parties and perused the case diary. 3
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Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence, the material collected and available on record against the applicant and also the fact that some important witnesses are yet to be examined, this Court is not inclined to release the applicant on bail. 7. Accordingly, the present bail application is rejected. However, the trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai