1 2025:CGHC:25383 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3734 of 2025 Sukhdev Nageshiya S/o Gendwa Aged About 40 Years R/o Dumarkholi, Puranpani, P.S. Samripath, District Balrampur-Ramanujganj (C.G.) ... Applicant. versus State of Chhattisgarh through S.H.O. Police Station Samripath, District- Balrampur-Ramanujganj (C.G.) ... Respondent For the appellant : Mr. Pushkar Sinha, Advocate For the State : Ms. Sunita Sahu, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 18/06/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 34 of 2024 registered at Police Station Samripath, District Balrampur-Ramanujganj (C.G) for the offences under Sections 103(1), 238, 3(5) of BNS. A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.06.18 15:55:56 +0530 2 2. The prosecution version is that one Khulu Birjia (complainant) lodged a report to the effect that on 18.07.2024, his son Vinod Birjia was wandering with co-accused Magdhu Birjia and consumed alcohol with him and on 19.07.2024 at 12 o’ clock dead body of his son was found lying in forest, however, out of fear, he could not lodge the report. Thereafter, he came to know that co-accused Magdhu Birjia kept the severed hand of his son in bag and told that he would kept the wife of his deceased son. On the basis of the said report, the crime was registered. 3. Learned counsel for the applicant submits that there is no direct evidence against the applicant Sukhdev Nageshiya to connect him with the crime in question and only on the basis of memorandum statement of main accused Magdhu, he has been inculpated. He submits that the memorandum statement of Magdhu was recorded on 27.8.2024 to which the present applicant Sukhdev stood as witness and later on, the memorandum statement of present applicant was also recorded on 10.10.2024. He further submits that no weapon was recovered from applicant Sukhdev and only an adhesive material i.e., Fevikwik was recovered from him and the FSL report is still awaited. It is also submitted that the charge sheet was filed on 21.10.2024 and the charges are not framed till date. He submits that the applicant is in jail since 10.10.2024 and there is no immediate possibility of disposal of trial and looking to the long custody period of the applicant, he may be enlarged on bail. 3 4. Per contra, learned State Counsel opposes the bail application and submits that perusal of the memorandum statement of main accused Magdhu goes to show that the present applicant is also involved. 5. Having considered the submissions made by learned counsel for the parties and looking to the custody period of the applicant the trial will take considerable time to reach its conclusion and further considering the facts situation of the case, without touching the merits of the case, I am inclined to release the applicant on regular bail. 6. Accordingly, the bail application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao