1 2025:CGHC:21765 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3653 of 2025 1 - Ganesh Yadav @ Sonu S/o Shankar Yadav Aged About 22 Years R/o Vishwa Bank Colony, Bhilai-3, Police Station - Purani Bhilai, District Durg Chhattisgarh ... Applicant Versus 1 - State Of Chhattisgarh Through Station House Officer - Police Station Sakri, District - Bilaspur Chhattisgarh ... Non-Applicant For Applicant : Mr. Tapan Chandra, Advocate For Non-Applicant : Mr. Keshav Prasad Gupta, Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 09/05/2025 1. This is the third bail application filed by the applicant. The second bail application was dismissed on merits vide order dated 22.07.2024 in M.Cr.C. No. 3409/2024. 2. This bail application is filed by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 573/2023 registered at Police Station – Sakri, District – Bilaspur, Chhattisgarh for the offences punishable under Sections 365, 302, 384, 201, 34 of the Indian Penal Code, 1860. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 3. Case of the prosecution is that, on 08.11.2022, the complainant (wife of the deceased) lodged a report in the concerned police station stating that on 03.11.2022, deceased Vakeel Ansari (hereinafter referred to as ‘deceased’) went on his Brezza Car from Bilaspur to Ambikapur at about 02:00-02:30 P.M. to meet his friend R. S. Baghadia. On 04.11.2022, in the night at about 11:30 P.M., the deceased gave a mobile call to the complainant stating that he is trapped and to arrange money of Rs. 10,00,00/- (Ten Lakh Rupees) upon which, she contacted R.S. Baghadia of Ambikapur to verify the facts, upon which, he stated that he had a call from the deceased upon which, the deceased intimated that boys of one Abhishek Ayachi has taken him in custody. She is having the suspicion on said Abhishek Ayachi of kidnapping her husband and making demand of ransome. Based upon the report, initially, F.I.R. was registered for offence punishable under Section 365 of the I.P.C. against the suspect Abhishek Ayachi or some other unknown person. 4. On 11.12.2022, one Assistant Sub-Inspector of Police Station – Keshkal, District – Kondagaon lodged a morgue mentioning that one dead body of unknown person is recovered on the side of the road in bush. The dead body was identified to be of the deceased Vakeel Ansari (husband of the deceased). During investigation, the applicant was arrested on 14.01.2023. 5. Learned counsel for the applicant submits that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits that there is no allegation against the applicant of participating in causing murder of the deceased. It is also contended by the counsel for the applicant that there is no seizure of any incriminating article from the possession of the applicant. Even in the memorandum statement, there is no allegation against the applicant that applicant assaulted the deceased. He submits that the applicant is a 3 driver engaged by the co-accused and being a driver, he was only driving the car, except that, there is no involvement of the applicant in commission of the crime. He further submits that the applicant is in jail since, 14.01.2023, however, till date, only 24 witnesses out of total 37 entlisted witnesses have been examined and the last witness was examined on 03.04.2025. Trial may take sometime. Hence, he may be enlarged on bail. 6. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and would submit that from the case diary, it appears that the applicant accompanied the co-accused Hemant Sahu from the beginning. Co-accused Hemant Sahu and the applicant came from Raipur to Bilaspur and thereafter, followed the deceased. They have kidnapped the deceased from Ambikapur took him to Raipur and thereafter, towards Keshkal, District – Kondagaon. On the way, the deceased died and to disappear the evidence of the offence, they have thrown the dead body on the side of the National Highway Road in bush. The applicant and the co-accused persons on the way have snatched the A.T.M. Card and have also procured the internet mobile banking code as also the mobile. Tracking the withdrawal of the amount from the bank account of the deceased through A.T.M. Card or the mobile phone, the co-accused was arrested and based on the memorandum statement, the applicant was arrested. He next contended that the case is based on the circumstantial evidence and the witness to the memorandum statement and seizure have supported the case of prosecution. The applicant is involved in commission of heinous crime of kidnapping, demanding ransome and murder and therefore, the applicant is not entitled for bail. 7. I have heard learned counsel for the parties. 4 8. Taking into consideration the facts and circumstances of the case, nature of allegations, submission of counsel for the respective parties, I do not find present to be a fit case to allow this bail application. Accordingly, it is dismissed. However, considering the date of arrest of the applicant since, 14.01.2023, learned Trial Court is directed to expedite the trial take all necessary steps to cause presence of the prosecution witnesses as provided under the B.N.S.S., 2023. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey