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2025 DAILYLAW 37013 (CHH)

MOH. SULTAN v. STATE OF CHHATTISGARH

MCRC/5954/2025 · 2025-07-29

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:37223 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5954 of 2025 • Moh. Sultan, S/o Suhan Ali, Aged About 25 Years, R/o Navaliya Aakib, P.S. Aajiv Nagar, District Rampur (U.P.), Present Adress Junvani Chowki, Nehru Nagar, Bhilai, District Durg, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh, Through Police Station Gudhiyari, District Raipur, Chhattisgarh. ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Pragalbha Sharma, Advocate. For State/non-applicant : Mr. Akhilesh Kumar, G.A. Hon’ble Shri Justice Sanjay Kumar Jaiswal Order on Board 30/07/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 76/2023 registered at Police Station Gudhiyari, District Raipur (C.G.), for the offence punishable under Section 302 of Indian Penal Code, 1860. 2. Case of the prosecution, in brief, is that on 15.02.2023, the present applicant assaulted the deceased Imrana Khatun on her neck by knife, due to which she died on the spot. Based on the above facts, the present crime has been registered against the present applicant. 3. Learned counsel for the applicant submits that the present applicant is DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA 2 innocent and has been falsely implicated in crime question. He further submits that out of 17 witnesses, 12 witnesses have been examined, who have not supported the case of prosecution and there is no legal material or evidence available on record. It is further submitted that charge sheet has already been filed and the applicant is in jail since 15.02.2023, but the trial is not yet been concluded, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that few witnesses are left to be examined, therefore, the present applicant is not entitle to be enlarged on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that the there is involvement of the present applicant and further the fact that 5 witnesses have been left for examination, therefore, I am not inclined to grant bail to the applicant. 7. Accordingly, the first bail application of the applicant Moh. Sultan filed under Section 483 of the BNSS involved in Crime No. 76/2023 registered at Police Station Gudhiyari, District Raipur (C.G.), for the offence punishable under Section 302 of Indian Penal Code, 1860, is rejected. 8. Looking to the custody period of the present applicant, it is directed to the concerned trial Court to conclude the trial of the crime number mentioned herein above, preferabley within a period of three months. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge