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2025 DAILYLAW 22728 (CHH)

SHYAM PAINKRA v. STATE OF CHHATTISGARH

MCRC/4722/2025 · 2025-07-06

Shri Sanjay Kumar Jaiswal

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:31024 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4722 of 2025 1 - Shyam Painkra S/o Dilbandhu Sai Aged About 30 Years R/o Kansabel Mudatoli, Tahsil And P.S. Kansabel, District Jashpur Chhattisgarh. 2 - Dilbandhu Sai S/o Late Bife Sai Aged About 70 Years R/o Kansabel Mudatoli, Tahsil And P.S. Kansabel, District Jashpur Chhattisgarh. 3 - Pradeep Sai @ Pilu S/o Balak Sai Aged About 32 Years R/o Kansabel Mudatoli, Tahsil And P.S. Kansabel, District Jashpur Chhattisgarh. 4 - Kundan Painkra S/o Sainath Aged About 34 Years R/o Kansabel Mudatoli, Tahsil And P.S. Kansabel, District Jashpur Chhattisgarh. ... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Kansabel, District Jashpur Chhattisgarh. ... Respondent For Applicants : Mr. Arun Kumar Shukla, Advocate. For Respondent/State : Mr. Pranjal Shukla, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.08 10:21:13 +0530 2 07 / 07 / 2025 1. The accused/applicants have moved this first bail application under Section 483 of BNSS, 2023 for releasing them on regular bail during trial in connection with Crime No. 43/2025 registered at Police Station – Kansabel, District-Jashpur (C.G.) for the offence punishable under Section 140(1), 140(3), 62(2), 351(2), 3(5), 103(1) and 238 of B.N.S. 2. The prosecution case, in brief, is that, the applicants/accused are alleged to have conspired to murder Anirudh Das on 20.11.2024, at a place 3 km east of village Mudatoli, police station Kansabel, district Jashpur (C.G.), with a common intention. According to the allegations, they jointly assaulted Anirudh Das with fists, kicks, and stones, rendering him unconscious, and then abducted him with the intention of killing him. It is further alleged that they killed Anirudh Das by cutting his throat with an axe and subsequently attempted to conceal the evidence by pouring kerosene oil on the body and setting it on fire. The accused are also alleged to have disposed of the evidence by throwing the ashes of the burnt bones into a stream and intimidated the villagers, threatening to kill them if they revealed anything about the incident. 3. Learned counsel for the applicants vehemently argues that the applicants are innocent and have been falsely implicated in the present case, and they have not committed any offence as alleged against them. It is further contended that there is no evidence on record to show that either applicants committed 3 murder or took part to commit murder of the deceased. The applicants have no criminal antecedents and they are in jail since 03.04.2025 and there is no likelihood of the case being decided in the near future, therefore, the present applicants may be released on bail. 4. On the other hand, learned counsel for the State opposed the bail application, arguing that since the charge-sheet has not been filed, therefore, at this stage, they may not be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the evidence against the applicants, further taking into account that since the charge-sheet has not been filed, therefore, at this stage, I am not inclined to release the applicants on bail. 7. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 8. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.