1 2025:CGHC:26408 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3648 of 2025 Ghanshyam S/o Jarinath Aged About 21 Years R/o Lodhi P.S. Basantpur District- Balrampur - Basantpur Chhattisgarh ... Applicant. versus State Of Chhattisgarh Through P.S. Basantpur District - Balrampur - Basantpur Chhattisgarh ... Respondent. For Applicant : Mr. Akath Kumar Yadav, Advocate. For Respondent : Mr. Vivek Mishra, Panel Lawyer. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 20.06.2025 1. This third application under Section 483 of the BNSS, 2023 has been filed by the accused/applicant who has been arrested in connection with Crime No.04/2023 registered at Police Station Basantpur, Balrampur- Ramanujganj for the offence under Sections 147, 148, 149, 302 & 201 of the IPC. 2. Brief facts of the case are that the dead body of deceased-Kuldeep Khairwar, aged about 21 years, was found in a well. It is alleged that revealed that some unknown persons committed murder of the deceased. The FIR was lodged by the father of the deceased to the effect that on 14.01.2023, deceased - Kuldeep had gone to picnic along with co- Digitally signed by AJAY KUMAR DWIVEDI Date: 2025.06.20 17:07:35 +0530 2 accused Hari Prasad and thereafter, did not return home. During investigation, the present applicant and co-accused were apprehended and on their memorandum statements, the weapons used for assault i.e. axe and Iron Persool have been recovered. It was further revealed that the present applicant along with other co-accused, with an intention to kill the deceased, threw him in a well, after assaulting him. It was also alleged that the deceased was keeping a bad eye on the niece of applicant Ghanshyam, and in pursuance of such ill desire, he entered into her room, on which, Ghanshyam assaulted the deceased by using Iron Persool on his head and co-accused Ramsingh assaulted the deceased on his neck by using an axe. Based on above allegations, the aforesaid offence has been registered. 3. It is pertinent to mention here that first bail application of the applicant was rejected on 11.07.2023 vide MCRC No.3323/2023 and second bail application was rejected on 04.03.2024 vide MCRC No.546/2024. 4. Learned counsel for the applicant submits that the present applicant is innocent and he has not participated in the crime in question. He further submits that material witnesses have been examined and they have not supported the case of the prosecution and some of the co-accused have already been released on bail. He also submits that the applicant is behind the bar since 18.01.2023 and the trial is likely to take considerable time in its disposal. Therefore, considering the delay in trial and period of pretrial detention, the present applicant may be released on bail. 3 5. On other hand, learned State counsel vehemently opposes the prayer for bail and submits that earlier bail applications of the accused have already been rejected on merit and trial is already on progress and further considering the nature of offence, appreciation of evidence is not required at this stage. Therefore, this application deserves to be dismissed. 6. Having considered the submission of learned counsel for the parties and considering the gravity of offence, further considering that earlier bail applications were rejected on merits and there is no change in the facts or circumstances of the case, I am not inclined to release the applicant on bail. 7. Accordingly, the application is rejected. 8. However, the trial Court shall proceed in the matter in expeditious manner and in the spirit of Section 309 Cr.P.C. (Section 346 of the BNSS). Sd/- (Deepak Kumar Tiwari) Judge Ajay