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2025:CGHC:7581
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 421 of 2025 1 - Teju Ghasi S/o Jeetu Ghasi Aged About 25 Years R/o Tati Jhariya Purv Para Police Station Samaripath District Balrampur-Ramanujganj (C.G.) 2 - Binawati @ Aasha Ghasi W/o Teju Ghasi Aged About 22 Years R/o Tati Jhariya Purv Para, Police Station Samaripath District Balrampur-Ramanujganj (C.G.)
... Applicants versus 1 - State of Chhattisgarh Through The Police Station Samaripath District- Balrampur-Ramanujganj (C.G.)
... Respondent For Applicants : Mr. Suhas Mehar, Advocate For State : Ms. Laxmeen Kashyap, PL
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 12/02/2025
1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicants who have been arrested on 07/01/2023 & 18/01/2023, respectively, in connection with Crime No. 37/2022, registered at Police Station ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.02.14 14:41:08 +0530
2 / 3 Samaripath, District Balrampur-Ramanujganj, C.G. for the offence punishable under Sections 302, 201 read with Section 34 of the IPC.
2. The case of the prosecution in brief is that the informant namely Shankar gave an information in the Police Station Samaripath that he saw one unknown dead body of a woman near pond of Sanjay Yadav in Village Tati Jhariya Bastoli. On such information being received, the police registered Dehati Merg Intimation and sent the dead body for postmortem, wherein it was opined that the nature of death is homicidal thereafter, the offence was registered and investigation was carried out. During investigation it was found that the dead body was of one Phoolmania Ghasi and on further investigation it was revealed by one Dilip Sonwani that his brother-in-law Teju Ghasi came to his house in intoxicated condition along with other co-accused persons and beaten the deceased thereafter thrown her in the pond. Thereafter, as per the statement of the witness offence was registered against the present applicants and they were arrested.
3.
Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case and even there is no motive to commit the murder of the deceased. He would next contend that the applicants have been arrested only on the basis of suspicion and the material witness in this case have been examined and they have not supported the case of the prosecution. He would lastly contend that in view of the inter se relation between the deceased and the applicant as they are husband and wife, the applicants may be enlarged on bail.
4. Per contra, learned State counsel opposes the prayer for grant of bail.
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5. I have heard learned counsel for the parties and perused the documents.
6. Perusal of the record shows that before the trial Court as many as 09 witnesses have been examined, therefore, at this stage evaluating the statement of the witnesses would amount to usurpting the power of the trial Court while hearing the bail and it is for the trial Court to consider the merits of the case. Under the circumstances and considering the progress of the trial and the nature of the allegation, I am not inclined to release the applicants on bail.
7. Accordingly, the bail application is dismissed. However, learned trial Court is directed to expedite the trial. SD/- (Arvind Kumar Verma)
JUDGE ashu