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2025:CGHC:49382 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC
No.
7684
of 2025
• Sandeep Sahu S/o Dilip Sahu Aged About 24 Years R/o Ganesh Nagar Nayapara, P.S. Sirgitti District- Bilaspur Chhattisgarh
... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Sirgitti, District - Bilaspur Chhattisgarh ... Respondent For Applicant : Mr. Sanjay Kumar Sahu, Advocate For Respondent-State : Mr. Neeraj Sharma, Dy. A.G. Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 26/09/2025
1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 351/2023 registered at Police Station – Sirgitti, District Bilaspur (C.G.) for offence punishable under Sections 147, 148, 149, 302 of IPC and Section 25, 27 of the Arms Act.
2. Case of prosecution in brief is that on 16.05.2023 at about 6:00 P.M., Monu @ Pawan Soni was standing in front of Beetle Shop (Pan Shop) of Pintu Yadav, at that relevant point of time, Ramu Yadav along with 12 other co-accused persons came there armed with sharp edged weapons and club and have started assaulting the deceased Pawan Soni due to which, he suffered injuries over his person and succumbed to his injuries on the spot. The incident was PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA
2 / 3 reported to the concerned police station, upon which, aforementioned crime was registered and the applicant was also arrested along with other persons.
3.
Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he was not involved in commission of such offence as alleged against him. According to the allegation levelled by the father of deceased applicant was stated to be armed with club. There is no allegation against applicant of assault by means of sharp edged weapon. Applicant is in jail since 16.05.2023, hence, he may be enlarged on bail. He also submits that two other co-accused persons namely Santosh Yadav and Irfan alias Baghira have already been enlarged on bail vide MCRC No. 5403/2025 and MCRC No. 6660/2025 respectively and the case of applicant is also on similar footings.
4. On the other hand, learned State counsel opposes the submission of learned counsel for applicant and would submit that looking to the gravity of offence, applicant is not entitled for grant of bail. He submits that according to the material available in the case diary against applicant, father of deceased reached on the spot at the time of incident, saw about 10-12 persons assaulting deceased and applicant is named by father of deceased to be one of the person participated in the assault. He however submits that there is seizure of club from possession of applicant. He also pointed out that two other co-accused persons who were enlarged on bail were not named by father of deceased as the persons who assaulted deceased.
5. I have heard learned counsel for the parties.
6. Taking into consideration, facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, as also considering documents enclosed along with bail application, I do not find present to be a fit case to allow this application.
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7. Accordingly this bail application is dismissed. However, taking into
consideration period of detention of applicant since 16.05.2023, learned Trial Court is directed to expedite the trial. Sd/- (Parth Prateem Sahu) pwn
JUDGE