1 2025:CGHC:21019 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.3522 of 2025 Nandu Sharma S/o Late Vimal Sharma Aged About 30 Years R/o Kushalpur Shiv Mandir, Tiranga Chowk, Police Station- Purani Basti, District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Moudhapara, Raipur Distt. Raipur (C.G.) ... Non-Applicant For Applicant : Shri Pushpendra Kumar Patel, Advocate. For Non- Applicant/State : Shri Arvind Dubey, G.A Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 07.05.2025 1. This is the 1st bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the Applicant, who has been arrested in connection with Crime No.89/2021 registered at Police Station Moudhapara, Raipur, District Raipur for the offence under Section 302/34 IPC. Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.05.07 18:33:28 +0530 2 2. Prosecution case is that on 06.07.2021 at about 15.45 hours, the present Applicant, along with other co-accused persons, has assaulted Jivan Lal Patel by means of fists, legs, club and axe, therefore, the aforesaid offence has been registered against him. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the crime in question for which, he was arrested on 08.07.2021. He further submits that one of the co-accused namely Rajju Sahu was enlarged on bail by this Court vide order dated 21.12.2021 passed in M.Cr.C No.9776/2021 and another co-accused namely Naveen @ Tarun Pal has also been granted bail by the co-ordinate Bench vide order dated 28.03.2023 passed in M.Cr.C No.10544/2022 and the case of the present Applicant is also similar. He lastly submits that the present Applicant is in jail since more than 3 ½ years and the trial is likely to take quite some time for its conclusion, therefore, he may be released on bail by this Court. 4. On the other hand, learned counsel for the Non-Applicant/State opposed the bail application and submitted that the present Applicant has no previous criminal antecedents but he has been identified in the test identification parade. On a query being made, learned State Counsel submits that on the memorandum of the present Applicant, only one mobile and a club have been recovered and there is no injury on the body of the deceased, which was caused by the club recovered from him. 3 5. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, particularly considering the role attributed to the present Applicant as only a club has been recovered from him of which no injury was found on the body of the deceased and only choking wound was found which might have caused by a sharp weapon, further considering that he has no previous criminal antecedents, the pre-trial detention, the conclusion of trial is likely o take quite some time and without further commenting anything on merits, I am inclined to allow the application. 6. Accordingly, the application is allowed and it is directed that on Applicant’s furnishing a personal bond for a sum of Rs.25,000/- with one sureties in the like sum to the satisfaction of the concerned Court, he shall be released on bail. He shall however, make his appearance before the concerned Court as and when so directed. Sd/- (Deepak Kumar Tiwari) Judge Priya