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2025 DAILYLAW 27665 (CHH)

BHEEM PATEL v. STATE OF CHHATTISGARH

MCRC/4749/2025 · 2025-07-13

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:32790 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4749 of 2025 Bheem Patel S/o. Bedram Patel Aged About 57 Years R/o. Ward No. 16, Kotadabri, P.S. Champa, Dist. Janjgir-Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Office, P.S. Champa, Dist. Janjgir-Champa (C.G.) ... Respondent For Applicant : Mr. Aishwarya Kumar Dubey, Adv. For Respondent/State : Mr. Akhilesh Kumar, G.A. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 14/07/2025 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. 174/2025, registered at Police Station – Champa, District- Janjgir-Champa (C.G.) for offence punishable under Sections 296, 109, 103(1), 3(5) of BNS and Section 25 & 27 of the Arms Act. 2. The prosecution story, in short, is that the complainant/informant Pooja Patel lodged a report at Police Station Champa on 30.04.2025, stating that a piece of land located in Chakhalha Khar, Kotadabri, belonged to her grandmother, which has been occupied by Bhim Patel. A dispute SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.07.15 12:45:31 +0530 2 arose over this land, during which Bhim Patel’s son, Bhesh Kumar Patel, started claiming ownership of the land and began arguing with the complainant’s father. On 30.04.2025 at around 5:00 PM, Bhesh Kumar Patel came in front of Vinod Patel’s house, stood in the lane, and began abusing in obscene and offensive language. When Ganesh Ram Patel, the complainant’s father, objected to this, the complainant also intervened. At that moment, due to the commotion, Bhim Patel came out of his house and also started hurling vulgar abuses at her father and incited his son Bhesh Kumar Patel to kill him. Acting upon this provocation, Bhesh Kumar Patel, using a sharp knife in his possession, stabbed Ganesh Ram Patel, resulting in his death. Based on above, offense has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. The applicant has no involvement in the alleged crime. The dispute arose due to family property issues. He further submits that the applicant is in jail since 01.05.2025, the charge-sheet has not been filed and the trial is likely to take 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 this is the case of eye-witness, therefore, the applicant may not be granted benefit of 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, the nature of offence and the fact that charge-sheet has not been filed, 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. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham