KRISHNA KUMAR PATEL @ MUNU v. STATE OF CHHATTISGARH
MCRC/8317/2024 · 2025-01-10
Shri Arvind Kumar Verma
body2025
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[ 2025 DAILYLAW 43329 (CHH) · dailylaw.ai ]
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[ 2025 DAILYLAW 43329 (CHH) · dailylaw.ai ]
Judgment text
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2025:CGHC:1685
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8317 of 2024 1 - Krishna Kumar Patel @ Munu S/o Late Shobharam Aged About 55 Years 2 - Pitamber Dhruv @ Najru Dhruv, S/o Late Beersingh Aged About 49 Years 3 - Vidyadhar Sinha @ Dollo Sinha, S/o Late Mannulal Sinha Aged About 38 Years All the above are R/o Village - Amlidhih P.S. And Tahsil Pithora District - Mahasamund (C.G.)
... Applicants versus 1 - State of Chhattisgarh Through The P.S. Pithora District - Mahasamund (C.G.)
... Respondent For Applicants : Mr. Jameel Akhtar Lohani, Advocate For State : Mr. Pranjal Shukla, PL (Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 10/01/2025
1. This is the first bail application filed under Section 483 (1) of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicants who have been arrested on 10/10/2024 in connection with Crime No. 198/2024, registered at Police Station Pithora, District Mahasamund (CG) for the offence punishable under Sections 103 (1), 238/3 (5) of Bhartiya Nyaya Sanhita, 2023.
2. Case of the prosecution in brief is that the younger brother of the complainant Bikhleshwar Sahu alias Munnu had gone missing since ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.01.14 13:42:30 +0530
2 / 2 night of 23/09/2024 and when he did not return till 25/09/2024, the complainant lodged a missing report in the police station. Thereafter on 27/09/2024 at about 12 o’clock it was informed by one Pitamber Dhruv that some foul smell is coming from the boundary of his field, thereafter, they reached there to see it. Thereafter, at about 6.30 pm report was lodged in the police station. Subsequently, the police reached the spot and took out the dead-body of the brother of the complainant. On the basis of the report the FIR was lodged.
3.
Learned counsel for the applicant would submit that there is no offence against the applicant and he has been falsely implicated he has not committed any offence as alleged against him. He would further submit that the applicant is in jail since 10/10/2024; the charge-sheet in this case has been filed, and the trial may take some more time, therefore, the applicant may be released on bail.
4. Per contra, learned State counsel opposes the prayer for grant of bail.
5. I have heard learned counsel for the parties and perused the documents. The way in which the offence has been committed because first the deceased was killed and thereafter his dead-body was buried in a field and a spade stained with blood was recovered from the memorandum statement of the co-accused. Therefore, considering the entire facts & circumstances of the case and looking the seriousness and gravity of the offence as it is a murder case, I am not inclined to release the applicant on bail.
6. Accordingly, the bail application is rejected. SD/- (Arvind Kumar Verma)
JUDGE ashu