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2025 DAILYLAW 23364 (CHH)

NARESH VISHWAKARMA v. THE STATE OF CHHATTISGARH

MCRC/3924/2025 · 2025-06-15

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:24481 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3924 of 2025 1 - Naresh Vishwakarma S/o Shri Ramlal Vishwakarma Aged About 30 Years Caste- Lohar, R/o Village- Budeli, Police Station And Tahsil- Baramkela, District- Sarangarh-Bilaigarh (C.G.). .. Applicant versus 1 - The State Of Chhattisgarh Through- The Officer In Charge Of Police Station- Sarangarh, District- Sarangarh-Bilaigarh (C.G.). ... Respondent For Applicant : Mr. Roop Ram Naik, Adv. For Respondent/State : Mr. Vivek Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 16 / 0 6 / 202 5 1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 829/2024 registered at Police Station – Sarangarh, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 103(1) of BNS, 2023. Digitally signed by HEERA LAL SAHU Date: 2025.06.17 10:41:38 +0530 2 2. The allegation against the applicant is that on the date of offence i.e. 20.12.2024 at about 10:00 pm, the applicant asked for liquor from the deceased Chhabilal Patel, and when he said that he was not selling liquor, the applicant assaulted the deceased with hands and fists. It is also alleged that the applicant strangulated the neck of the deceased, due to which he died. Based on this, offence has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He next submits that the present applicant has no motive to murder the deceased and the dispute was arisen all of sudden. As per the statement of the witnesses namely Gopichand son of deceased and Jayanti Patel daughter-in- law of deceased that the applicant hit in the mouth of the deceased thereafter the deceased was taken away his house at that time he was alive. He also submits that the applicant is in jail since 22.12.2024, and there is no likelihood of his case being decided in the near future, therefore, the present applicant may be released on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the applicant committed a heinous crime of murder. He also submits that 3 there is a direct evidence against the applicant; therefore, at this stage, he may not be enlarged 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 collected by the prosecution against the applicant. Further considering the fact that there is eyewitness in this case and the trial is not commenced yet, at this stage, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 483 of BNSS, 2023, is rejected. 7. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu