Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:40627
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6052 of 2025 1 - Shayamlal S/o Tolu Aged About 35 Years R/o Village - Sautaar, P.S. And Tehsil - Pratappur, District- Surajpur (C.G.) 2 - Amarlal S/o Tolur Aged About 35 Years R/o Village - Sautaar, P.S. And Tehsil - Pratappur, District- Surajpur (C.G.) 3 - Sodi S/o Late Naan Singh Aged About 44 Years (As Per The Chargesheet), R/o Village- Guhudand, P.S. - Pratappur, District- Surajpur (C.G.)
... Applicants versus 1 - State Of Chhattisgarh Through - P.S. Incharge, P.S.- Pratappur, District- Surajpur (C.G.)
... Respondent For Applicant : Mr. Bhupendra Singh, Advocate For Respondent : Ms. Pragya Shrivastava, Dy. G.A.
Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 12.08.2025
1. This is the first bail application filed u/s 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.107/2025 Digitally signed by BHOLA NATH KHATAI Date: 2025.08.13 16:03:25 +0530
2 registered at Police Station Pratappur, District Surajpur (CG) for the offence punishable under Sections 103(1), 127(2) & 3(5) of BNS. 2. As per the prosecution case, on 08-05-2025 at around 01:30 in the night, the deceased Deepak Singh entered into the house of appellant Amarlal, switched off the lights of the house and was molesting the daughter of appellant Amarlal. Hearing the noise, the appellants came there and assaulted deceased Deepak Singh with hands, fists, kicks and sticks and kept him in the room tied with a rope and took him out in the morning. Deepak Singh died on the spot at around 8 in the morning. On report being made in this regard by the Sarpanch of the village, a case has been registered against the accused under Sections 103(1), 127(2), 3(5) of BNS, 2023. 3. Learned counsel appearing for the applicants submits that on the date of incident, the deceased entered the room of the daughter of applicant Amarlal and was molesting her. When her mother came there on hearing the noise, the deceased assaulted her with a stick due to which she became unconscious. Thereafter the applicants came to the spot and beat him. He submits that as per the PM report, the cause of death is hemorrhagic shock. There was no grievous injury or fracture on the body of the deceased, only swelling and contusions were found.
He further submits that applicants Amarlal and Sodi are in jail since 09.05.2025 and applicant Shayamlal is in jail since 03.06.2025, charge sheet has been filed and there is no likelihood of the trial to be concluded at the earliest. He prays that considering all these facts, the applicants may be released on bail. 3
4. Learned State counsel, on the other hand, opposing the bail application submits that considering the nature of offence, the applicants do not deserve to be released on bail. 5. Heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the entire facts and circumstances of the case, particularly the fact that there was no grievous injury or fracture on the body of the deceased, only swelling and contusions were found, applicants Amarlal and Sodi are in jail since 09.05.2025 and applicant Shayamlal is in jail since 03.06.2025, charge sheet has been filed and there is all possibility of the trial taking considerable time for its final conclusion, this Court is of the opinion that prima facie, a case for grant of bail to the applicants has been made out. 7. Accordingly, the application for grant of bail is allowed. It is directed that the Applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court. The applicants are directed to appear before the trial Court on each and every date to be given to them by the said Court till completion of the trial. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Sanjay Kumar Jaiswal) Khatai JUDGE