Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:22754
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4111 of 2025 1 - Deva Banjami S/o Late Hidma Banjami Aged About 40 Years R/o Mutheli, P.S. Gadiras, District Sukma (C.G.) 2 - Dirdo Hidma S/o Late Dirdo Budhra Aged About 33 Years R/o Mutheli, P.S. Gadiras, District Sukma (C.G.)
... Applicants versus State Of Chhattisgarh Through The Police Station Gadiras, District Sukma (C.G.)
... Respondent/State For Applicants : Mr. Pravin Kumar Tulsyan For Respondent/State : Mr. Vivek Sharma, P.L.
Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 09/06/2025
1. The applicants have preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as they are arrested in connection with crime No. 29/2024, registered at Police Station – Gadiras, District- Sukma (C.G.) for offence punishable under Sections 103(1), 61, 190, 191 (2)(3) of BNS, Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.06.10 13:57:25 +0530
2 U/s 25 of Arms Act and U/s 8 (5) of the C.G. Special Public Security Act. 2. As per prosecution story, on the night of 11.10.2024, the complainant Lakhmi Dirdho’s husband, Lachhu Dirdho, was sitting on a chair in the courtyard after dinner, while the complainant was sitting on the ground, and they were talking. At around 08:00 PM, Maoist Naxalite Sunnam Bhima and three other Maoist Naxalites came and accused her husband of being an informant for the Kuknar Police Station, saying that he gives information about the Naxalites. They began beating him. Naxalite Bhima Sunnam hit her husband with a tangiya, causing him to fall. When she asked why they were attacking him, they pushed her aside. Then Bhima slit her husband’s throat with the tangiya, leading to his death. She identified Sunnam Bhima as a Maoist Naxalite from the Tongpal police station area, who had previously held armed meetings in the village with other Naxalites. She does not recognize the other three attackers. She suspects that village residents Banjami Deva, Hidma Dirdo, and Dirdo Bhima, who have long been working as militia members in the Naxalite group, conspired and called the Naxalites to have her husband killed. Based on this, offence has been registered against the present applicants. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question.
He would further submit that there is no direct evidence against the present applicants. The witnesses of seizure and memorandum have been turned hostile. He further submits that out of 20 witnesses, only 4 have been examined till date. The applicants are in jail since 15.10.2024 and the trial is likely to some time to be finalized, therefore, it is prayed that the applicants may be enlarged on bail. 4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that in the statement of 161 of Cr.P.C., eye-witness of the case Lakhmi stated that a few days earlier, Dirdho Bhima had threatened her husband in her presence, saying, “You go to Kuknar police station and inform on the Naxalites; we will finish you off soon.” Banjami Deva, Hadma Dirdho, and Dirdho Bhima also intimidate and threaten other villagers in the name of Naxalites. The State
3 Counsel further submits that from the house of present applicants, some notes related to Naxalites have also been seized. In this way, the applicants are also involved in the crime in question, therefore, they may not be released on bail. 5. I have heard learned Counsel appearing for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, evidence collected by the prosecution against the applicants and the fact that some important witnesses remain to be examined, at this stage, I am not inclined to release the applicants on bail. 7. Accordingly, the bail application is Rejected. However, the Trial Court is directed to expedite the trial and to ensure that the trial is concluded as expeditiously as possible. 8. Office is directed to sent a certified copy of this order to the Trial Court concerned for information and necessary compliance, if any. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham