Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:24855
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4558 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 (C.G.) 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 (C.G.)
... Applicants versus State Of Chhattisgarh Through - Station House Officer, Police Station - Barsoor, District - South Bastar Dantewada (C.G.)
... Respondent For Applicant : Mr. Pritam Singh, Advocate. For Non- applicant/State : Mrs. Upasana Mehta, Dy. Govt. Advocate Hon'ble Justice Shri Arvind Kumar Verma, Judge
Order on Board 17.06.2025
1. This is the Second
BAIL APPLICATION
filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.22/2023 registered at Police station
2 Barsoor, District South Bastar, Dantewada, (C.G.), for the offences punishable under Sections 376, 302 and 34 of the Indian Penal Code.
2. The prosecution's story is such that the informant accompanied with village head registered an oral report stating that on 20.11.2023 around 1:00 PM, she, deceased and her friends went to village fair. She returned home around 4:30 AM on 21.11.2023. On asking the family members of deceased told the informant that she had returned home from fair and went for defecation in the open field. The informant went to the field around 6:00 AM and she was found deceased has already died in the field.
3.
Learned counsel for the applicants submits that the present applicants are innocent persons and have been falsely implicated in the aforesaid case. He submits that the material witnesses have not supported the case of the prosecution and turned hostile. The place of incident is near to the place where the village fair was organized. There were many people who were returning to the same route. But the police has implicated the applicants and made them accused. The applicants are in jail since 03.12.2023. The trial would take a
3 much considerable time to conclude, hence he prays that the present applicants be enlarged on bail by this court, in the interest of justice.
4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case and the trial is going on. Only one witness is there who is left for the examination.
5. I have heard learned counsel for the parties and perused the case diary with utmost circumspection.
6. Taking into consideration the facts and circumstances of the case that it is clear that the first bail application of the present applicants was rejected on merits by this court. As of now, there is no substantial change in the circumstances of the present case. Out of the 12 witnesses only one witness that is the Investigating Officer of the present case is remained to be examined by the concerned Trial Court. Therefore, looking to the seriousness of the crime in question as well as the role of the present applicants, this court is not inclined to allow the bail application of the present applicants.
7. Accordingly, the present MCRC stands rejected.
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8. However, this court hopes and trust that the learned trial court shall make earnest endeavour to conclude the trial expeditiously as soon as possible in accordance with law, if there is no legal impediment.
9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.
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sd/-
(Arvind Kumar Verma)
Judge alfiza