Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7274 of 2025 1 - Suresh Kumar S/o Doman Aged About 53 Years R/o Village Kawarabandh, Police Station Salekasa (Wrongly Mentioned As Salesasa) District Gondiya (Maharashtra)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Khairagarh, District - Khairagarh-Chhuikhadan-Gandai Chhattisgarh (As Per Final Report)
... Respondent(s) For Petitioner(s) : Mr. Abhishek Sharma, Advocate. For Respondent(s) : Ms. Pragya Shrivastava, Dy. Govt. Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J.
Order on Board 16/09/2025
1. This is the third bail application of the applicant who has been arrested on 13.05.2024 in connection with Crime No. 220/2024, registered at Police Station Khairagarh-Chuikhadan-Gandai (C.G.) for the offences punishable under Sections 302, 120-B, 34 of IPC.
2. The first bail application of the applicant was dismissed as withdrawn vide
order dated 27.11.2024 passed in MCRC No. 5367/2024 with liberty to repeat the same after examination of two witnesses i.e. Pappu @ Heeralal and Pukhraj, thereafter, the second bail application of the applicant has been rejected vide order dated 14.01.2025 passed in MCRC No. 9100/2024, while ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.09.17 10:51:44 +0530
2 dismissing the second bail application, no liberty was granted to the applicant to repeat his prayer for bail.
3.
Learned counsel for the applicant would submit that the two witnesses i.e. Pappu @ Heeralal and Pukhraj have been examined before the learned trial Court and they have turned hostile and not supported the prosecution case. There is no evidence against the applicant except the memorandum statement, the applicant is in jail since 13.05.2024, final adjudication of the case will take its own time, only 04 witnesses have been examined till date, therefore, he may be enlarged on bail.
4. On the other hand, learned counsel appearing for the State opposes and submitted that apart from the memorandum statement of the applicant the evidence of cctv footage is there in which the applicant and other accused persons were together at Bajrang Hotel, therefore, the deceased was last seen with the applicant there, though the Pappu @ Heeralal and Pukhraj are said to have been turned hostile but their evidence has to be considered by the learned trial Court during trial, the allegation against the applicant is that he in conspiracy with other accused persons committed murder of the deceased by strangulation and crushed him by scorpio vehicle and the said scorpio vehicle has been seized from co-accused Hemant, thereafter, looking to the gravity of the offence the applicant is not entitled for bail.
5. I have heard learned counsel for the parties and perused the material annexed with the bail application.
6. Considering the rival submissions made by learned counsel for the parties, considering that nature of allegation and the material collected during investigation, further considering two bail applications of the applicant has been rejected and the trial of the case is in progress and 04 witnesses have been examined, I am not inclined to admit the third bail application of the applicant.
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7. Accordingly, the third bail application of the applicant is rejected.
8. Considering the fact that the applicant is in jail since 13.05.2024, the learned trial Court is directed to make his all endeavour to expedite the trial of the case. Sd/- (Ravindra Kumar Agrawal) Judge
Alok