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2025 DAILYLAW 24299 (CHH)

SHANI KOL v. STATE OF CHHATTISGARH

MCRC/4118/2025 · 2025-06-08

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:22755 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4118 of 2025 Shani Kol S/o Gendlal Kol Aged About 24 Years R/o Saktibahara, Chowki Belgahana P.S. Kota District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Kota, District - Bilaspur (C.G.) ... Respondent(s) For Applicant : Mr. Syed A.H. Rizvi, Advocate on behalf of Mr. LK Sahu, Advocate For Respondent : Ms. Sunita Manikpuri, Dy. G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 09/06/2025 1. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 1025/2023, registered at Police Station – Kota, District- Bilaspur (C.G.) for offence punishable under Sections 307 & 302 of the IPC. 2. As per prosecution story, on 13.11.2023 when the complainant was in his house at about 8.00 p.m. his neighbor has informed that the applicant is assaulting his mother Suman (deceased) by stick and Suman became unconscious at her home. Based on above, incident was reported in the concerned police station and crime was registered against the present applicant for offence under Sections 307 of the Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.06.10 13:57:40 +0530 2 Indian Penal Code and after death of Suman, the offence under section 302 of the Indian Penal Code has been included in FIR. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that in a sudden heat of passion, the alleged offence has been committed. He further submits that out of 20 witnesses, only 6 have been examined till date. The applicant is in jail since 14.11.2023 and the trial is likely to some time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that eye-witness/victim of the case Subhash Kumar Kol has stated against the applicant, therefore, the applicant 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 applicant and the fact that some important witnesses remain to be examined, at this stage, without further commenting on merits of the case, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application is Rejected. However, the concerned 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