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2025 DAILYLAW 33114 (CHH)

HEMU CHANDRAVANSHI v. STATE OF CHHATTISGARH

MCRC/5352/2025 · 2025-07-24

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5352 of 2025 1 - Hemu Chandravanshi S/o Nakul Chandravanshi, Aged About 25 Years R/o Village - Kesli, Out Post - Dashrangpur (Correctly Mentioned), Police Station - Pipariya, District - Kabirdham (C.G.). ... Applicant(s) versus 1 - State of Chhattisgarh Through Out Post - Dashrangpur, P.S. - Pipariya, District - Kabirdham (C.G.). ... Non-applicant(s) For Applicant(s) : Mr. Dhirendra Prasad Mishra, Advocate. For Non-applicant(s) : Mr. Santosh Bharat, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 25/07/2025 1. This is the third bail application of the applicant for grant of bail on the ground of ailment of his brother namely Deepchand Chandravanshi. The first bail application of the applicant has been dismissed as withdrawn vide order dated 20.12.2024 passed in MCRC No. 8640/2024, thereafter, the second bail application of the applicant has again dismissed on merits on 09.06.2025 passed in MCRC No. 3284/2025. 2. The applicant has been arrested on 04.09.2024 in connection with Crime No. 283/2024, registered at Police Station Pipariya, Out Post- Dashrangpur, District Kabirdham (C.G.) for the offences punishable under Sections 103(1), ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.07.26 11:24:37 +0530 2 238, 61(2) of B.N.S., 2023. 3. Learned counsel for the applicant would submit the brother of the applicant namely Deepchand Chandravanshi is suffering from 40 percent of locomotive disability and presently he needs Cranioplasty Surgery immediately for which he admitted at Amritum Super-speciality Hospital, Raipur. There is no other male members in the family to take care of the brother of the applicant, therefore, the applicant may be released on bail. 4. Vide order dated 10.07.2025 the learned State counsel was directed to verify the medical reports submitted by the applicant along with the bail application and in pursuance thereof a report dated 18.07.2025 has been submitted by learned State counsel showing that the brother of the applicant namely Deepchand Chandravanshi had undergone the surgery in the year 2022 itself and it is a case of post -operative care. 5. Learned counsel for the State would submit that since 2023 to 2025 there is no documents annexed by the applicant which shows that he was taking continuously treatment from any doctor. After rejection of the second bail application of the applicant on merits on 09.06.2025 all of sudden his brother is shown to be suffering and went in need of Cranioplasty Surgery, therefore, he is not entitled for bail. 6. I have heard learned counsel for the parties and perused the material annexed with the petition as well as report submitted by learned State counsel. 7. Considering the submissions made by learned counsel for the parties, considering that the second bail application of the applicant has been dismissed on merits on 19.06.2025, further from the documents annexed with the petition as well as reports submitted by the learned State counsel there is no document from 2023 to 2025 with respect to the treatment of the 3 brother of the applicant and it is only after rejection of the second bail application on merits on 09.06.2025 a ground has been raised by the applicant on 15.06.2025 that his brother is in need of Cranioplasty Surgery, therefore, I am not impressed upon the submissions made by learned counsel for the applicant to release him on bail on this ground. 8. Accordingly, the third bail application of the applicant is rejected. 9. The original medical reports annexed with the bail application shall be return back to the learned counsel for the applicant after retaining its attested true copy. Sd/- (Ravindra Kumar Agrawal) Judge Alok