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2025 DAILYLAW 30853 (CHH)

DINESH SAHU v. STATE OF CHHATTISGARH

MCRC/4972/2025 · 2025-07-07

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:31383 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4972 of 2025 Dinesh Sahu S/o Shri Chhattelal Sahu Aged About 33 Years R/o Ward No. 20, Labour Colony, Akaltara, District : Janjgir-Champa, Chhattisgarh ... Applicant versus State of Chhattisgarh through District Magistrate, District : Janjgir- Champa, Chhattisgarh ... Respondent For the applicant : Mr. Vivek Shrivastava, Advocate For the State : Ms. Sunita Manikpure, Deputy Govt. Advocate (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 08.07.2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant in Crime No. 46/2025 registered at Police Station Akaltara, District Janjgir Champa (CG) for the offences under Sections 103(1), 238(A), 3(5) of BNS, 2023. 2. The prosecution case is that on 14.07.2024 the applicant Dinesh Sahu along with co-accused Nand Kumar Kashyap committed murder of Jaleshwar Kashyap by strangulation on account of quarrel took place between them while they were consuming liquor together. Deceased Jaleshwar is father-in-law of accused applicant and uncle A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.07.09 17:24:05 +0530 2 (Chacha) of co-accused Nand Kumar Kashyap. After commission of murder, they concealed the dead body of deceased under a over- bridge and on 23.07.2024 the skelton of deceased was recovered in decomposed condition. On the memorandum of co-accused Nand Kumar, the applicant was arrested and on the memorandum of applicant, motor cycle was seized from him. 3. Learned counsel for the applicant submits that the applicant is a labour and at the time of incident he was working at the construction site and he was not with the deceased and there is no incriminating evidence against the applicant. He further submits that there is a land dispute between the deceased and his family members and the applicant has been falsely implicated in this case. He further submits that the applicant is in jail since 24.4.2025, charge sheet has been filed and there is no immediate possibility of disposal of trial, therefore, the applicant may be enlarged on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that on the memorandum of co-accused, the applicant has been arrested and both the applicant and co-accused Nand Kumar strangulated the deceased after consuming liquor and committed murder and thereafter they had hidden the dead body of deceased under a over-bridge. 5. Having considered the submissions made by learned counsel for the parties and the gravity of offence as also the the fact that the trial has not commenced, I am not inclined to release him on regular bail, at this stage. Accordingly, this bail application is rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Rao