1 2025:CGHC:19362 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2985 of 2025 1 - Naval Kishore Suryavanshi S/o Late Shri Kashiram Suryavanshi Aged About 72 Years R/o Naiyapara Rank, P.S. - Seepat, District - Bilaspur (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through - Station House Officer, Seepat, District - Bilaspur (C.G.) ... Respondent(s) For Applicant : Shri Yashraj Verma, Advocate. For Respondent : Ms. Pragya Shrivastava, Dy. Govt. Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 29.04.2025 1. This is first bail application seeking grant of bail to the Applicant who is in jail since 20.06.2024 in connection with Crime No.303/2023 registered at Police Station Seepat, District Bilaspur for the offence punishable under Sections 302, 34 IPC. 2. As per prosecution case, on 20.06.2024 at about 6:30 AM the accused persons caused injuries to the deceased Manohar Suryavanshi in the field by which he died on the spot. It is alleged that due to property dispute the present applicant has given Lathi blow whereas the co- accused Rameshwar gave Axe blow on the head of the deceased. The Digitally signed by INDRAJEET SAHU Date: 2025.04.29 18:18:29 +0530 2 incident was witnessed by the wife of deceased Jhool Bai. The applicant was arrested and charge sheet was filed. 3. Learned Counsel for the applicant would submit that the allegation against the present applicant is that he assaulted the deceased by Lathi. There was an altercation before the incident between the accused persons and the deceased with respect to old land dispute and the incident was occurred in a heat of passion. The applicant is aged about 72 years and suffering from various ailment. No injuries were found on the body of deceased which were caused by Lathi. Therefore, the applicant may be released on bail as final adjudication may take sometime. 4. On the other hand the counsel for the State opposes the bail application and have submitted that both the accused persons have assaulted the deceased by Lathi and Axe. The incident was witnessed by the wife of deceased, and therefore he is not entitled for bail. 5. Without commenting on merits, considering the submissions made by the counsel for the parties, considering the nature of allegation and material collected during investigation against the present applicant, the fact that there was an old land dispute between the parties and present applicant is aged about 72 years, this Court is of the opinion that present is a fit case where the Applicant can be enlarged on bail. 6. Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the concerned Trial Court for his appearance on each date of hearing before the trial Court, unless exempted from personal appearance by the said Court. 3 7. It is made clear that the observations made by this court is only restricted to the decision of bail application and shall not affect the merits of the case. The trial court is expected to decide the case on its own merit without being influenced by any of the observations made hereinabove. Sd/- (Ravindra Kumar Agrawal) Judge inder