Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:48912
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7696 of 2025 Sudama Dewangan S/o Late Panchram Dewangan Aged About 29 Years R/o Bazar Chowk Bakali, Police Station Kurud, District Dhamtari Chhattisgarh
...Applicant versus State Of Chhattisgarh Through Officer-In-Charge Kurud, Police Station Kurud, District Dhamtari Chhattisgarh
... Respondent(s) For Applicant
: Mr. Hemant Agrawal, Advocate. For Respondent/State : Mr. Satish Gupta, GA.
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board 24/09/2025
1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested on 29.05.2024 in connection with Crime No.257/2024, registered at Police Station Kurud, District Dhamtari Chhattisgarh, for commission of offence punishable under Sections 302, 201, 120(B), 34 of the IPC
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2. Case of prosecution, in brief, is that on 14.05.2024 between about 08.00 O'Clock to 11.00 O'Clock, the accused persons including present applicant hatched conspiracy for committing murder of deceased/Panchram Dewangan, who was father of the present applicant and in furtherance of that conspiracy, the accused persons committed murder of Panchram Dewangan by strangulation. Based upon report, FIR was registered and applicant has been arrested in the aforementioned crime/offence.
3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. Only on the basis of suspicion, applicant has roped in the present case, material witnesses have been examined before the trial Court and they have not supported the case of the prosecution. There are 17 witnesses in this case and not a single witness has made any allegation against the present applicant of committing the aforementioned offence/crime. One of the co- accused person namely Harish Kumar Sahu has been granted bail bail by this Court in MCRC No.789/2025 passed on 29.01.2025. Applicant is in jail since 29.05.2024, conclusion of trial may take some time, hence, he may be released on bail.
4. Learned counsel for the State opposes the submission made by
learned counsel for the applicant and would submit that there is specific allegation against the applicant of committing the aforesaid offence/crime, hence, he is not entitled for grant of bail.
5. Heard learned counsel for the parties.
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6. Considering facts of the case, nature of allegations, submission of
learned counsel for the parties, particularly the fact that out of 17 witnesses not a single witness has made any allegation against the present applicant, further considering that co-accused person namely Harish Kumar Sahu enlarged on bail by this Court in MCRC No.789/2025 on 29.01.2025, period of detention of applicant, i.e., since 29.05.2024, without commenting anything on merits of the case, I am inclined to allow this bail application.
7. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing a bail bond in sum of Rs.10,000/- with one surety in like sum to satisfaction of concerned Court on the conditions that- a) applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. b) applicant shall not act in any manner which will be prejudicial to fair and expeditious trial, and c) applicant shall appear before trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.
Sd/-
(Arvind Kumar Verma)
Judge J.