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2025 DAILYLAW 2569 (CHH)

RAJKUMAR MAHANT v. STATE OF CHHATTISGARH

MCRC/308/2025 · 2025-01-20

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:3473 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 308 of 2025 Rajkumar Mahant S/o Jugtu Ram Mahant Aged About 40 Years R/o Behind Gayatri Mandir Ward No. 1 Sakri District - Bilaspur (C.G.) --- Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Sakri District - Bilaspur (C.G.) ---- Respondents For Applicant : Mr. G.V.K. Rao, Advocate For Respondent : Mr. Santosh Soni, Govt. Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 20/01/2025 1. Applicant has filed this first bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 408 of 2022, registered at Police Station – Sakri, District – Bilaspur (C.G.) for offence punishable under Section 302, 201, 34 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that a dead body was found on 15.08.2022. Morgue was reported to the concerned police station. After morgue enquiry, aforementioned crime was registered against Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.01.22 16:03:27 +0530 2 unknown person. During the course of investigation, applicant was arrested on 18.08.2024. 3. Learned counsel for applicant submits that applicant has been falsely implicated in this case. He has not committed any offence as alleged. He contended that applicant has been made accused only on the basis of his memorandum statement. Applicant is in jail since 18.08.2024, therefore, applicant may be enlarged on bail. 4. Learned State counsel opposes the submission made by learned counsel for applicant and would submit that there are connecting evidence available against applicant. He contended that applicant participated in quarrel and assault, just before the incident with the deceased, he kept the dead body in his house from 12.08.2022 till 14.08.2022. On 14.08.2022, Sumitra Bai went to the house with witness Dhanraj Subba. He also contended that Punit Yadav, Laxmin also saw the quarrel and assault with the deceased and thereafter, the shout and noise became at rest. He contended that as per statement of Dhanraj Subba, accused person came to his house on 14.08.2022 demanding his motor cycle to take her maternal uncle to hospital, however, the motor cycle was not returned and dead body was thrown on 14.08.2022. 5. I have heard learned counsel for the parties. 6. Taking into consideration the facts and circumstances of the case, nature of allegation and the material available in the charge-sheet I do not find present to be a fit case to allow the application. 3 7. Accordingly, the bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 is dismissed at this stage. Sd/- (Parth Prateem Sahu) Judge Balram