1 2025:CGHC:79 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5855 of 2024 1 - Govind Pradhan Alias Bhola S/o Shridhar Pradhan Aged About 45 Years R/o Karbala Chowk Jashpur, P.S. Tahsil And District Jashpur (C.G.) ... Applicant (s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, Jashpur, District Jashpur (C.G.) ... Respondent(s) For Applicant(s) : Shri Animesh Verma, Advocate. For the State : Shri Pranjal Shukla, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 02/01/2025 1. The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.138/2024 registered at Police Station City Kotwali, Jashpur, District Jashpur (C.G.) for the offence punishable under Section 302 of IPC. 2. The case of prosecution in brief is that deceased Nand Kumar Gupta died when applicant slapped him, as the deceased attacked and snatched the spectacles of the applicant, thus committed offence under Section 302 of IPC. NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.08 11:08:37 +0530 2 3. Learned counsel for the applicant submits that he has falsely implicated in the present case, deceased was severally ill and was admitted in the hospital from where he ran away mid treatment, admittedly the deceased started altercation with the applicant by snatching his spectacles and applicant in reflex was trying to escape from the reach of hands of the deceased, which resulted in fall of the deceased, he was intoxicated and had history of intoxication his liver was also failing, no previous antecedent against the applicant and he is in jail since 31/05/2024, hence, he may be released on bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that offence committed by applicant is of grievous nature. Hence, he is not entitled for grant of bail. 5. Heard learned counsel for both the parties. 6. Taking into consideration particularly that applicant only slapped the deceased and there is no previous enmity between the parties, there is no intention to kill the deceased Nand Kumar Gupta, charge-sheet has already been filed before the trial Court and it will take more time to conclude the trial, there is no previous criminal antecedent against the applicant, therefore, I am inclined to allow bail application of applicant. 7. Accordingly, bail application is allowed. It is directed that applicant Govind Pradhan Alias Bhola shall be released on regular bail, on his furnishing bail bond in sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- a) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance. 3 b) He shall not, in any manner, tamper with the prosecution witnesses. c) If he is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail. Certified copy as per rules. Sd/- (Arvind Kumar Verma) JUDGE Kamde