Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:2252
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 295 of 2025 1 - Shivram Muriya S/o Late Shri Sanku Muriya Aged About 22 Years R/o Village Nagfani, Jangalpara, Police Station And Tahsil - Barsoor, District - South
Bastar
Dantewada
Chhattisgarh 2 - Dayalu Lekhami S/o Late Shri Guddi Lekhami Aged About 20 Years R/o Village Nagfani, Jangalpara, Police Station And Tahsil - Barsoor, District - South Bastar Dantewada Chhattisgarh
... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Barsoor, District South Bastar Dantewada Chhattisgarh
... Respondent(s) For Applicant(s) : Ms. Ankita Shrivas, Advocate appearing on behalf of Shri Kishore Narayan, Advocate. For the State : Ms. Pragya Shrivastava, Dy. Govt. Advocate. Hon’ble Shri Justice Arvind Kumar Verma
Order on Board 14/01/2025
1. The applicants have preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as they have been arrested in connection with Crime No.22/2023 registered at NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.20 11:10:11 +0530
2 Police Station Barsoor, District South Bastar Dantewada (C.G.) for the offence punishable under Sections 376, 302, 34 of IPC.
2. The case of the prosecution is that the informant accompanied with village head registered a oral report stating that on 20/11/2023 around 10:00 pm, she, deceased and her friends went to Village Fair. She returned her home around 04:30 am on 21/11/2023. On asking the family members of deceased told the informant that she had returned home from fair and went to defecation in open field. The informant went to the field around 06:00 am and she was found deceased already died in the field.
3. Learned counsel for the applicants submits that the prosecution has examined total 12 witnesses and the material witnesses have not been supported the case of the prosecution, applicants are aged about 22 years and 20 years respectively and incarceration would jeopardize their future, applicants are in jail since 03/12/2023 and the trial may take more time, hence he prays for release on bail to the applicant.
4. Learned counsel for the State opposes the submission made by
learned counsel for the applicants and submits that mobile and piece of cloth of the deceased was recovered from the applicants, therefore, they are not entitled for grant of bail.
5. Heard learned counsel for both the parties.
6. Considering the entire facts and circumstances of the case, nature and gravity of offence leveled against the applicants and recovery of the mobile and piece of cloths of the deceased, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail.
7. Accordingly, the bail application of the applicants namely Shivram
3 Muriya and Dayalu Lekhami in Crime No.22/2023 registered at Police Station Barsoor, District South Bastar Dantewada (C.G.) for the offence punishable under Sections 376, 302, 34 of IPC, is rejected. However, the trial Court is directed to expedite the trial and dispose of the case as soon as possible. Sd/-
(Arvind Kumar Verma)
JUDGE Kamde