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2025 DAILYLAW 26745 (CHH)

PRASHANT SHARMA @ PINTU v. STATE OF CHHATTISGARH

MCRC/4626/2025 · 2025-06-17

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Judgment text

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1 2025:CGHC:25412 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4626 of 2025 Prashant Sharma @ Pintu S/o Ramsnehi Sharma Aged About 40 Years R/o Tilak Nagar, House No. 305, 306 Janta Colony, P. S. Gudhiyari, District Raipur Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Gudhiyari, District – Raipur (C.G.) …. Non-applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 18.06.2025 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 27/2024 registered at Police Station – Gudhiyari, District – Raipur (C.G.) for the offence punishable under Sections 302, 304-B and 201 of the Indian Penal Code (IPC). 2. Case of the prosecution, in brief, is that the complainant has given information to the concerned Police Station that on the date of incident, the deceased has hanging in the ceiling fan in her house b her clothe of Duptte, and thereafter, she was admitted in the hospital where she died during treatment in next day, and the Police has registered the merg report against the unknown person and during investigation, the Police has registered the offence against the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 applicant. Hence, this application. 3. First bail application of the applicant was rejected by this Court vide order dated 18.07.2024 passed in MCRC No. 4101/2024. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the trial of the present case is on going on and the statement of only 2 witnesses have been recorded. It is submitted that the applicant is in jail since 18.01.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 5. On the other hand, learned State counsel, opposes the bail application and submits that the applicant is the husband of the deceased as has brutally murdered his wife in his house and as many as 13 injuries were found on her body as it appears from the postmortem report legature mark on the neck, injury was also present on the neck which was caused by hard and blunt object, scratch mark hard and sharp and pointed object was there and the cause of death due to compression of neck. Thus, the bail application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the above submissions made by the learned counsel for the parties, as the the statement of only 2 witnesses have been recorded and the trial is still going on, the same cannot be a ground for releasing the applicant on bail as the same amounts to only 3 tampering with the evidence. 8. Taking into consideration the facts and circumstances of the case and also considering the fact that the applicant is the husband of the deceased as has brutally murdered his wife in his house and as many as 13 injuries were found on her body as it appears from the postmortem report legature mark on the neck, injury was also present on the neck which was caused by hard and blunt object, scratch mark hard and sharp and pointed object was there and the cause of death due to compression of neck, on which basis the first bail application of the applicant was rejected by this Court and no new good ground has been raised by the counsel for the applicant in the instant bail application, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 9. 9. Accordingly, this second bail application of applicant – Prashant Sharma @ Pintu involved in Crime No. 27/2024 registered at Police Station – Gudhiyari, District – Raipur (C.G.) for the offence punishable under Sections 302, 304-B and 201 of the IPC, is rejected at this stage. 10. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 11. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar