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2025 DAILYLAW 34349 (CHH)

LALA VAISHNAV v. STATE OF CHHATTISGARH

MCRC/5546/2025 · 2025-07-23

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:35924 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5546 of 2025 1 - Lala Vaishnav S/o Late Shri Balkrishna Vaishnav Aged About 27 Years R/o Village- Khamardih, Presently At Village, Dodki, Police Station- Bilha, District- Bilaspur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station- Bilha, District- Bilaspur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Shri Yashkaran Singh, Advocate For Respondent/State : Shri Satish Gupta, GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 24/07/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 103/2024 registered at police station Bilha, (CG) ) for the offence punishable under Sections 302 and 34 of the IPC. 2. Prosecution case in brief is that complainant lodged a report at 2 polcie station Bilha alleging that the applicant along with co-accused persons had committed the murder of the daughter-in-law of his uncle by assaulting with a crow bar (sabbal) on her head. It is alleged that on the date of incident ie. 04.04.2024, at about 7.30 pm. deceased was returning from the market after buying vegetables and on the way, her mother-in-law, brother in law started quarreling with her over construction of the house whereupon, the Kotwar Lakhan Das, Sureh Nayak and Govind Maravi pacified the matter. After a while, the complainant heard the cries of the children of deceased and when he went there, he found the head of deceased smashed and it was bleeding, the weapon of offence ‘sabbal’ was lying over there. Children of the deceased informed him that the applicants have committed the murder of their mother. On the basis of the said information, report was lodged and the applicant and the co-accused were arrested. 3. Contention of the counsel for the applicant is that the applicant has been falsely implicated and that he has not committed the offence. He further submits that on the date of incident, there was some scuffle between his mother and the deceased and though there was strenuous relationship between them, only on assumption he has been implicated. He further submits that none of the witneses have been examined till date and that the applicant is in jail since 07.04.2024 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion and therefore the applicant be released on bail. 4. Learned counsel for the respondent/State, on the other hand, has opposed the bail application and submits that the applicant has 3 committed the offence of murder, therefore, he may not be released on bail. 5. Heard counsel for the parties and perused the case diary with utmost circumspection. 6. On due consideration of the rival submissions and the fact that the applicant along with the co-accused, who is his mother, had assaulted the deceased with crowbar and smashed on the head resulting her death, therefore looking to the nature and gravity of the offence, I am not inclined to release the applicant on bail. Accordingly, his bail application filed under Section 483 of the BNSS is hereby rejected. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.07.26 14:19:43 +0530