Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:37470
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6023 of 2025 1 - Deepak Nirmalkar S/o Shankar Nirmalkar Aged About 21 Years R/o Ashok Nagar Sarkanda And District Bilaspur (C.G.)
... Applicant Versus 1 - State Of Chhattisgarh Through Station House Officer Police Station Sarkanda District- Bilaspur (C.G.)
... Non-applicant For Applicant : Mr. Ankur Seth, Advocate For Non-applicant : Mr. Ajeet Singh, Government Advocate along with Mr. T.S. Sahu, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 31/07/2025
1. This is the third bail application. The second bail application was dismissed as withdrawn vide order dated 20.11.2024 in M.Cr.C. No. 7634/2024 with a direction to the learned Trial Court to expedite the trial.
2. This bail application is filed by the applicant 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. 786/2022 registered at Police Station – Sarkanda, District – Bilaspur, Chhattisgarh for the offences punishable under Sections 294, 506, 307 & 302/34 of the Indian Penal Code, 1860.
3.
Learned counsel for the applicant submit that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed SHUBHAM DEY Digitally signed by SHUBHAM DEY
2 any offence as alleged. He submits that after passing of the order dated 20.11.2024 by this Court, only one witness Suraj Yadav has been examined. There are as many as 29 witnesses, but till date, only 10 witnesses have been examined and the examination of the 11th witness is not completed. Applicant is in jail since 11.07.2022 and therefore, he may be enlarged bail.
4. On the other hand, learned State counsel vehemently opposes the submission made by learned counsel for the applicant and would submit that the eye-witnesses to the incident Devanand have supported the case of prosecution.
5. I have heard learned counsel for the respective parties.
6. Perusal of the deposition of the witness Devanand would show that he stood with the statement as given to the police under Section 161 of the Cr.P.C. He has stated that the applicant came along with other accused persons and assaulted 2-3 times by means of knife on the abdomen of the deceased.
7. Taking into consideration, facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, documents enclosed along with the bail application, I do not find present to be a fit case to allow the application for grant of bail.
8. Accordingly, the application for grant of bail is dismissed. Certified copy as per rules. Sd/-d/- (Parth Prateem Sahu) Judge Dey