SHRI ABHISHEK YADAV @ BILLU v. STATE OF CHHATTISGARH
MCRC/3382/2025 · 2025-05-01
Shri Deepak Kumar Tiwari
body2025
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[ 2025 DAILYLAW 20366 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:19917
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3382 of 2025 1 - Shri Abhishek Yadav @ Billu S/o Late Shri Sohan Yadav, Aged About 23 Years (Wrongly Mentioned in the Impugned Order as 21), R/o Gothan Para Bazar Chowk Police Station - Pulgaon, Tehsil And District - Durg, Chhattisgarh
… Applicant (s) versus 1 - State Of Chhattisgarh Through - The Station House Officer, Police Station - Pulgaon, Tehsil And District - Durg (C.G.)
... Respondent(s) For Applicant : Mr. Prasoon Agrawal, Advocate For Respondent/State : Mr. Arvind Dubey, Government Advocate SB : Hon'ble Shri Justice Deepak Kumar Tiwari
Order
on Board
01/05/2025
1. Heard.
2. This is the second application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.351/2022 registered at Police Station Pulgaon, Tehsil and District Durg (CG) for SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2025.05.02 11:02:27 +0530
2 the offence under Sections 294, 307 of the IPC and Sections 25 (1- Kha)(Kha) & 27 of the Arms Act.
3. The earlier application of the applicant was dismissed on merits by
order dated 3.7.2023 passed in MCRC No.3183 of 2023.
4. Case of the prosecution, in brief, is that on 19.8.2022 at about 6.15 PM, complainant’s son Nitesh Bafna came home with bleeding from his stomach and told him that while he was standing behind the waiting hall, main accused (present applicant) Abhishek Yadav, stabbed him with a sharp weapon while the other co-accused held him and they also jointly hurled abused at him over some dispute.
5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated this case. He would submits that the applicant has been in jail since 19.8.2022 and the conclusion of trial is likely to take considerable time. He would submit that there is no substantial progress in trial, therefore, considering the delay in trial, the applicant may be enlarged on bail.
6. Per contra, learned counsel for the State would oppose the bail application. He submits that the earlier bail application of the applicant was rejected on merits as the applicant is the main accused, who inflicted the knife injury on the chest of the injured. He would further submit that the trial is in progress, therefore, the present is not a fit case to enlarge the applicant on bail.
7. Considering the facts and circumstances of the case, particularly considering that the earlier bail application of the applicant was rejected on merits and the trial is in progress and further considering
3 the statement of Nitesh Bafna (PW-2), this Court is not inclined to release the applicant on bail.
8. Accordingly, the bail application is dismissed. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously in the spirit of Section 346 of the Bharatiya Nagrik Suraksha Sanhita, 2023 Sd/-
( Deepak Kumar Tiwari) Judge Shyna