1 2025:CGHC:16856 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2848 of 2025 1 - Rahul Yadu @ Lokesh S/o Gajendra @ Gajju Aged About 21 Years R/o Ward No. 1 Yadavpara, Hirapur, P.S. Kabirnagar, District Raipur Chhattisgarh ... Applicant Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Kabir Nagar, Raipur, District Raipur Chhattisgarh ... Non-Applicant For Applicant : Mr. Akash Sahu, Advocate For Non-Applicant : Mr. Keshav Prasad Gupta, Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 11/04/2025 1. This is the second bail application. The first bail application was dismissed on merits vide order dated 11.09.2024 in M.Cr.C. No. 5975/2024. 2. This bail application is filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 222/2023 registered at Police Station – Kabir Nagar, District – Raipur, Chhattisgarh for the offences punishable under Sections 294, 324, 506, 302, 34 of the Indian Penal Code, 1860. 3. Case of prosecution is that, on 12.11.2023 at about 22:00 P.M. when Shiva Yadu was making prayer in front of his auto, applicant with co- accused Gajendra Yadu, Himansu @ Aashu Yadu came there, abused SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 him and assaulted him by means of hands and fists and also caused injury by means of knife due to which, he suffered grievous injuries, he was taken to AIIMS Hospital Raipur where, during the course of treatment, Shiva succumbed to injuries on 14.11.2023. Morgue was reported to concerned police station based upon which, aforementioned crime was registered and applicant was arrested on 16.12.2023. 4. Learned counsel for the applicant submit that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits that the dispute took place on some trivial issue when applicant along with other co-accused went to the house of deceased. He was found standing outside the house. Some altercation took place between the complainant party and the co-accused persons where upon, during the course of quarrel, the applicant, as per allegation, suddenly took knife and assaulted the deceased. The act of the applicant is on account of sudden provocation and in the heat of passion and therefore, the offence under Section 302 would not be made out. 5. On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant and would submit that the multiple fatal blow upon the deceased was given by the applicant by means of knife. Hence, he is not entitled for bail. The case of the other co-accused persons is on different footing as they have assaulted the deceased and other persons by means of hands and fists. 6. I have heard learned counsel for the respective parties. 7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties in particular, considering the multiple fatal knife blows were given by the present applicant to the deceased, I do not find present to be a fit case to admit the application for grant of bail. 3 8. Accordingly, the bail application for grant of bail is dismissed at the admission stage. However, considering the submission of the counsel for the applicant that the applicant is in jail since 16.12.2023, learned Trial Court is directed to expedite the trial. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey