Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:7154 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 361
of 2025
1 - Sunil Kashyap S/o Shri Laxmiprasad Kashyap Aged About 21 Years R/o Ward No. 05, Chepara, Pendri, Police Station Janjgir, District Janjgir- Champa, Chhattisgarh. 2 - Kapil Kashyap S/o Shri Yogesh Kashyap Aged About 28 Years R/o Ward No. 15, Talhapara, Kosmanda, Police Station Champa, District Janjgir-Champa, Chhattisgarh
... Applicants versus State Of Chhattisgarh Through P.S. Janjgir, District Janjgir-Champa, Chhattisgarh --- Respondent For Applicants
: Mr. Virendra Verma, Advocate For Respondent/State : Mr. GL Uike, PL For Objector : Mr. Aditya Khare, Advocate.
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 07/02/2025
1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicants, who have been arrested in connection with Crime No.810/2024, registered at PS - Janjgir, District Janjgir-Champa, Chhattisgarh, for commission of offence punishable under Sections 296, 351(2), 115(2), 109, 103(1), 3(5) of BNS.
2. Case of prosecution, in brief, is that on 21.10.2024 complainant (brother of deceased) has lodged report before the concerned police station mentioning therein that present applicants alongwith other co-accused persons have assaulted his brother (Ramnath Kashyap) by means of wooden stick, when he (complainant) tried to intervene, the accused
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persons have also assaulted him. Due to assault by wooden stick, Ramnath Kashyap suffered grievous injuries on his head and died during treatment. Based upon report, FIR was registered against the applicants and other co-accused persons and they were arrested.
3. Learned counsel for the applicants submits that applicants have been falsely implicated in this case, they have not committed any offence as alleged against them. There is no specific material available to connect the present applicants in the alleged crime/offence. Prosecution case is solely based upon the oral statement. There is no any other criminal antecedents against the applicants. Applicant are in jail since 22.10.2024, conclusion of trial may take some time, hence, applicants may be released on bail.
4. Learned State Counsel as well as learned counsel for the objector opposing the bail application and submit that there is specific allegation against the applicants of committing aforesaid offence/crime, hence, they are not entitled for grant of regular bail.
5. Heard learned counsel for the parties.
6. Considering facts of the case, nature of allegations, submission of
learned counsel for the parties, statements of prosecution witnesses, further considering that due to assault by wooden stick, Ramnath Kashyap (deceased) suffered grievous injuries on his head and died and alleged wooden stick has been seized during investigation, I am not inclined to allow this bail application.
7. Accordingly, bail application is hereby rejected. Certified copy as per rules.
Sd/- (Arvind Kumar Verma)
Judge J.