Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:28997
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3523 of 2025 Shibo Kashyap S/o Shri Vikram Kashyap Aged About 35 Years R/o Village - Ulnar, Panchayat Taraguda Para, Police Station - Nagarnar, District - Bastar (C.G.) ... Applicant versus State of Chhattisgarh through - S.H.O. of Police Station - Nagarnar, District - Bastar (C.G.)
... Respondent For the applicant : Ms. Lata Nayak, Advocate For the State : Ms. Laxmin Kashyap, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal)
Order on Board 30/06/2025
1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 213/2024 registered at Police Station Nagarnar, District Bastar (CG) for the offences under Sections 103(1), 109, 332(A), 332(B) of the Bharatiya Nyay Sanhita. the POCSO Act. A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.01 17:14:05 +0530
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2. The prosecution story, in brief, is that a complaint was lodged by injured Lakhmuram Kashyap (since deceased) that in the night of 22.11.2024 his younger brother’s son had entered into his room and burnt him by spraying petrol with an intention to kill him, due to which, he got burn injuries on his hands and legs. After hearing the hue and cry, his wife woke up and took him to hospital where he died on
26.11.2024.
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Learned counsel for the applicant submits that the applicant has been falsely implicated and on the date of incident, the applicant was not present on the spot. She further submits that there was an inordinate delay in lodging the FIR and there is no plausible explanation for such delay. She submits that the applicant is in jail since 25.11..2024 and the charge sheet has been filed and there is no immediate possibility of disposal of trial, therefore, he may be enlarged on bail.
4. Per contra, learned State Counsel opposes the bail application and submits that the deceased himself lodged the complaint stating that earlier the applicant threatened to his life and on the date of incident, he sprayed the petrol and caused burn injuries, due to which, he eventually died.
5. Having considered the submissions made by learned counsel for the parties and the facts and circumstances of the case, I am not inclined to release him on regular bail. Accordingly, the bail application is rejected. Sd/-
(Sanjay Kumar Jaiswal) Judge
Rao
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