Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:1183 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8074
of 2024
Shivcharan Singh S/o Rambhrosh Aged About 34 Years Cast Gond, R/o Village Parri Thana Tahsil And District - Surajpur (C.G.)
... Applicant versus State of Chhattisgarh Through Police Station - Surjapur District - Surajpur (C.G.) --- Respondent For Applicant
: Mr. Sanjay Yadav, Advocate For Respondent/State : Ms. Prayga Shrivastava, Dy. AG.
Hon'ble Shri Justice Arvind Kumar Verma Order on Board 07/01/2025
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 in connection with Crime No.290/2024, registered at Police Station – Surajpur, District- Surjpur, Chhattisgarh, for commission of offence punishable under Sections 302, 34 of BNS.
2. Case of the prosecution in brief is that present applicant along-with his brother Rambharosh (father of deceased) have assaulted the deceased Jagarnath by means of stick, due to which, he suffered grievous injuries and on the way to hospital he died. Based upon report, applicant was arrested in the aforementioned crime/offence.
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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. There is no any evidence/material available to connect the present applicant in the aforementioned crime/offence. There is no any other previous criminal antecedent against the applicant, he in jail since 27.05.2024, charge sheet has been filed, conclusion of trial may take some time, hence, they 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 serious allegation has been levelled against the applicant, hence, he is not entitled for grant of bail.
5. Heard learned counsel for the parties.
6. Considering facts of the case, nature of allegation, submission of learned counsel for the parties, further the fact that applicant is uncle of the deceased and he along-with co-accused (Rambharosh) have badly assaulted his nephew (deceased) by stick, due to which, he died, I am not inclined to allow this bail application.
7. Accordingly, bail application is hereby rejected. Certified copy as per rules.
Sd/-
(Arvind Kumar Verma)
Judge J.