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2025 DAILYLAW 2607 (CHH)

BHAGWAT YADAV v. STATE OF CHHATTISGARH

MCRC/269/2025 · 2025-01-13

Shri Arvind Kumar Verma

body2025

Judgment text

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1 / 3 2025:CGHC:1992 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 269 of 2025 1 - Bhagwat Yadav S/o Tijauram Yadav Aged About 30 Years R/o Dighora, Police Station Mulmula District Janjgir-Champa Chhattisgarh ...Applicant versus 1 - State of Chhattisgarh Through Police Station Pachpedi, District Bilaspur Chhattisgarh ... Respondent For Applicant : Mr. Sourabh Sharma, Advocate For State : Ms. Binu Sharma, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 13/01/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 04/11/2024 in connection with Crime No. 394/2024, registered at Police Station Pachpedi, District Bilaspur, C.G. for the offence punishable under Sections 140, 103(1), 61(2), 3 (5), 309 (4) of BNS. 2. Prosecution case in brief is that on the basis of the information given by the village Kotwar that on 03/11/2024 at about 7.00 o’clock when he ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.01.15 17:04:41 +0530 2 / 3 was going towards the field he saw a motorcycle bearing C.G. 04-HN- 9264 was standing and near the said motorcycle rope was kept and a person aged about nearly 25 years was also lying dead and the blood was also spread, a merg was registered and during merg investigation the statements of the family members of the deceased were recorded and during investigation it was revealed that the deceased was having love affair with the girl of his village namely Geeta Yadav for the last 2-3 years because of which the said Geeta Yadav was sent to her maternal village Dighora. When the deceased along with his friend went to village Dighora, the applicant took the deceased and his friend to his home and called the co-accused persons there where they assaulted the deceased whereby he died. Thereafter, the present applicant was arrested. 3. Learned counsel for the applicant would submit that the dispute was between the deceased and the family of Geeta Yadav and earlier a report was lodged by the mother of Geeta Yadav against the deceased. He would next contend that the family members had shifted Geeta Yadav to village Dighora and when the deceased along with his friend Deepak came to village Dighora then the present applicant has informed the parents of Geeta Yadav about the same and the present applicant was not involved in the crime or criminal conspiracy and there is no allegation about the involvement of the present applicant, therefore, the applicant may be released on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. I have heard learned counsel for the parties and perused the documents 3 / 3 and the case-diary. 6. From perusal of the record it is found that there was a love affair between the deceased and Geeta Yadav, therefore, the parents of Geeta Yadav i.e. the other co-accused shifted the girl to village Dighora and the present applicant is the uncle’s son (Mama Ka beta) of Geeta and when the deceased along with his friend Deepak came to village Dighora, then the present applicant informed the same to the parents of Geeta through his mobile phone. Therefore, considering the entire facts & circumstances of the case and also considering the role played by the present applicant as the criminal conspiracy to commit the murder of the deceased has been established against the applicant, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application is rejected. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu