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2025 DAILYLAW 30539 (CHH)

SANJAY AGARIYA v. STATE OF CHHATTISGARH

MCRC/5080/2025 · 2025-07-13

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:32796 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5080 of 2025 1 - Sanjay Agariya S/o Jawahir Agariya, Aged About 25 Years, R/o Lohartola Jawaharnagar, P.S. Balrampur, District Balrampur- Ramanujganj (C.G.). ... Applicant versus 1 - State Of Chhattisgarh Through Police Station In-Charge P.S. Balrampur, District Balrampur-Ramanujganj (C.G.). ... Respondent For Applicant : Mr. Anuj Kumar Pandey, Advocate. For Respondent/State : Mr. Vivek Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 14 / 07 / 2025 1. The accused/applicant has moved this first bail application under Section 483 of BNSS, 2023 for releasing him on regular bail during trial in connection with Crime No. 22/2025 registered at Police Station – Balrampur, District –Balrampur- Ramanujganj (C.G.) for the offence punishable under Section 103(1), 238, 3(5)/34 of BNS. 2. As per the prosecution case, on 17.02.2025, the applicant along with co-accused Rajkumari Agariya is alleged to have SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.07.15 10:23:52 +0530 2 strangulated deceased Deepa Agariya to death. On report being lodged in this regard, offence under the aforesaid sections have been registered against the applicant and co-accused Rajkumari Agariya. 3. Learned counsel for the applicant submits that the applicant, being the husband of the deceased, has been falsely implicated in the case due to the absence of direct evidence against him. It is argued that the prosecution's case relies on the memorandum statement and the seizure of a saree, whereas the deceased allegedly committed suicide, and the applicant has not committed any alleged act. Notably, the co-accused (the applicant's mother) was granted bail by this Court in MCRC No. 2850/2025 on 09.06.2025. The charge sheet has been filed, and the applicant has been in custody since 25.02.2025, with no likelihood of the case being decided soon, the present applicant may be released on bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that the applicant is the main accused and the trial has not yet commenced, at this stage, he may not be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the entire facts and circumstances of the case, particularly looking to the material available on record and the evidence against the applicant, further considering the fact that the applicant is the main accused and the trial has not yet 3 commenced, at this stage, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application filed under Section 483 of BNSS, 2023 is rejected. 8. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.