Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:37642
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5777 of 2025 1 - Sheikh Mustakim S/o Sheikh Salim Aged About 31 Years R/o Mova Bazar Chowk, S.B.I. Surum Para Police Station Pandri, District Raipur C.G.
--- Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Vidhan Sabha, Raipur, District Raipur C.G.
--- Respondent(s)
For Petitioner(s) : Shri Ahmed Ayan Mirza, Advocate For Respondent(s) : Ms.Upasna Mehta, Dy. GA
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 31/07/2025 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. 710/2024 registered at police station Vidhan Sabha, Raipur, District Raipur, (CG) ) for the offence punishable under Sections 140(3), 103(1), 190 and 191(3) of the BNS Act, 2023. SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.08.01 15:07:00 +0530
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2. Prosecution case in brief is that the applicant along with the co- accused persons after abducting the deceased took him in their vehicle to BSUP Colony, Saddu Block NO. 24 and committed his murder by assaulting him with knife, club on his chest and head. On the basis of the said report, the applicant and the co-accused persons were arrested.
3. Contention of the counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He submits that the applicant and his friends used to work in a liquor shop and some altercation took place between two groups in which the deceased was also one of them, the present applicant had only tried to pacify the matter and that he was only a witness to the memorandum statement. He further submits that nothing has been recovered from the possession of the applicant. He submits that similarly placed co-accused person has been granted bail by this Court in M.Cr.C. No. 2826/2025 vide order dated 25.04.2025 and therefore he may be granted similar benefit. Lastly, it is submitted that the applicant is in jail since 28.11.2024 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.
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Learned counsel for the respondent/State, on the other hand, has opposed the bail application and submits that the applicant was also involved in the commission of the offence as it has come in the statements of Roopdas Gaikwad and Kalyan Gaikwad, therefore, he may not be released on bail.
5. Heard counsel for the parties and perused the case diary with utmost circumspection.
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6. On due consideration of the rival submissions and the fact that the applicant along with the co-accused persons had assaulted the deceased with lathi and knife and committed his murder, therefore looking to the nature and gravity of the offence, I am not inclined to release the applicants on bail. Accordingly, his bail application filed under Section 483 of the BNSS is hereby rejected. Sd/- (Arvind Kumar Verma) Judge