1 2025:CGHC:2494 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 396 of 2025 Budhlal S/o Dongaru Baiga, Aged About 36 Years, R/o Village Nagadabara, Mathpur, Police Station Kukdur, District Kabirdham (C.G.). ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Kukdur, District - Kabirdham (C.G.). … Non-Applicant For Applicant : Mr. Ajay Kumar Chandra, Advocate. For Non-Applicant/State : Mr. S.S.Baghel, Deputy Government Advocte. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 15.01.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.21/2024, registered at Police Station – Kukdur, District – Kabirdham (C.G.) for the offence punishable under Sections 301, 201, 120(B), 147, 148, 436 read with Section 34 of Indian Penal Code. 2 The case of the prosecution, in brief, is that the present applicant with other co-accused persons have murdered Budhram Baiga, Hirmati Bai PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.16 17:13:43 +0530 2 and Jonhu Ram and fired the dead body of them to concealed the evidence, therefore, the Police has registered the offence as mentioned above and filed the charge-sheet before the concerned Court. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that name of the applicant is not mentioned in the FIR. He further submits that charge-sheet has been filed in this case and the applicant is in jail since 22.02.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that in the present case three persons have lost their lives and the case has been registered under Sections 302 of IPC along with other offences. Further, the charge-sheet has been filed. Therefore, the applicant is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that as stated by learned State counsel that in the present case three persons have lost their lives and the case has been registered under Sections 302 of IPC along with other offences but from the perusal of the bail application, it transpires that the applicant has moved present application under Sections 301, 201, 120(B), 147, 148, 436 read with Section 34 of Indian Penal Code to which the counsel for the applicant submitted that the said mistake has been made in the bail application on the account of the fact that in the bail rejection order passed by the Court concerned dated 27.11.2024, it has been mentioned 301 IPC along with 3 other offences, but it is very surprising that the learned counsel for the applicant has not taken any pain to get the said offence corrected from the Court concerned, thus, at this stage, I am not inclined to allow this application. 7 Accordingly, the bail application of the applicant - Budhlal involved in Crime No.21/2024, registered at Police Station – Kukdur, District – Kabirdham (C.G.) for the offence punishable under Sections 301, 201, 120(B), 147, 148, 436 read with Section 34 of Indian Penal Code, is rejected at this stage. However, the applicant is at liberty to file a fresh application after proper correction of the offence. 8 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9 OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti