Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:33722
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3231 of 2025 1 - Naresh Chandravanshi S/o Krishna Chandravanshi Aged About 42 Years R/o Village Kanhabhaira, Out Post Rabeli, Police Station Pipariya, District Kabirdham, Chhattisgarh.
--- Applicant versus 1 - State Of Chhattisgarh Through The Police Station Pipariya, District Kabirdham (C.G.)
--- Respondent For Applicant : Mr. Shivam Agrawal, Advocate For Respondent-State : Mr. Keshav Prasad Gupta, Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 17/07/2025
1. Applicant has filed this third bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 277/2023 registered at Police Station – Pipariya, District Kabirdham (C.G.) for offence punishable under Sections 147, 148, 149, 294, 506-B, 323, 307, 302 of the Indian Penal Code. First bail application of applicant was dismissed on merits vide order dated 24.11.2023 in MCRC No. 6880/2023 and the BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.07.21 10:59:08 +0530
2 second bail application was dismissed as withdrawn vide order dated 30.09.2024 in M.Cr.C. No.6510 of 2024.
2. Case of prosecution is, that on 29.08.2023 at about 12:00 pm when deceased Gendram Yadav was returning back to his house, applicant along with other co-accused persons obstructed his way near a sugarcane agricultural field and have assaulted him by means of hand, fist, club, axe and hammer due to which he suffered grievous injuries and thereafter injured was taken to hospital where police registered Dehati Nalsi . During course of treatment, injured died on the same day. After inquiring into the merg, F.I.R. was registered and applicant was arrested on 31.08.2023.
3.
Learned counsel for applicant submits that this third bail application has been filed only on humanitarian consideration as father of applicant suffered hernia disease, he underwent operation and still he is having problem and could not able to meet the day to day activities of his own. There is no one to take care of his father, therefore, he may be enlarged on bail. However, upon putting question to learned counsel for applicant with regard to status of trial, he submits that except Investigating Officer, all other prosecution witnesses have been examined.
4. Learned State counsel submits that considering the grounds raised by
learned counsel for applicant and the prayer made in the application for grant of temporary bail on health conditions of his father, this Court has allowed the application for temporary bail on 01.05.2025, which is extended twice vide order dated 29.05.2025 and 23.06.2025. The applicant was on temporary bail almost for more than two months and
3 has got his father treated. Applicant has not filed any documents to show that even after treatment and operation, condition of father of applicant is critical in any manner. He also contended that this is case of eye-witness and there are specific allegation against applicant of committing the crime as alleged against him. Hence, he is not entitled for grant of bail.
5. I have heard learned counsel for the parties and perused the documents placed on record.
6. Considering the submission of learned counsel for the respective parties, facts and circumstances of the case, nature of allegation as also the documents enclosed along with covering memo dated 04.07.2025, I do not find present to be a fit case to allow this application and enlarge the applicant on bail.
7. Accordingly, the bail application is rejected. However, considering the submission of learned counsel for applicant that except, Investigation Officer, all other prosecution witnesses have been examined, the concerned trial Court is directed to conclude the trial at the earlierest and to take all necessary steps for causing presence of the prosecution witnesses. Sd/- (Parth Prateem Sahu)
JUDGE Balram