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2025 DAILYLAW 21861 (CHH)

AJAY PRAJAPATI v. STATE OF CHHATTISGARH

MCRC/3681/2025 · 2025-06-09

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3681 of 2025 Ajay Prajapati S/o Santosh Prajapati Aged About 29 Years R/o Devnagar, P.S. - Surajpur, Tehsil - Ramanujnagar, District - Surajpur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Surajpur, District - Surajpur (C.G.) ... Respondent For Applicant : Mr. Shakti Raj Sinha, Advocate For Respondent : Mr. Pranjal Shukla, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 10.06.2025 1. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.07/2025 registered at Police Station Surajpur, District Surajpur (CG) for BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2025.06.12 18:37:19 +0530 2 the offence punishable under Sections 296b, 351(3), 115(2), 109(1), 103(1), 191(2) & 191(3) of BNS. 2. As per the prosecution case, on 01.01.2025, the applicant along with other co-accused, is alleged to have assaulted deceased Vijay Pratap Singh by hands, fists and sticks as a result of which he sustained grievous injuries and died during treatment in the hospital. On report being lodged in this regard, offence under the aforesaid sections have been registered against the applicant. 3. Learned counsel appearing for the applicant submits that the applicant has been falsely implicated in this case as the deceased fell from his motorcycle in an inebriated state and sustained grievous injuries which led to his death. He further submits that the applicant is in jail since 05.01.2025 and there is no likelihood of the trial to be concluded at the earliest, therefore, the applicant may be released on bail. 4. Learned State counsel, on the other hand, opposing the bail application submits that on the memorandum statement of the applicant, stick has been seized. He submits that there is an eye witness to the incident namely Bhupendra Kushwaha and from the video footage also it is clear that the applicant along with co- accused assaulted the deceased leading to his death. Therefore, considering the evidence available on record against the applicant, he does not deserve to be released on bail. 5. Heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the entire facts and circumstances of the case, particularly the nature and gravity of offence, the material collected and available on record against the applicant, this Court is not inclined to release the applicant on bail at this stage. 7. Accordingly, the present bail application is rejected. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai