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2025 DAILYLAW 44419 (CHH)

PRAHLAD PATEL v. STATE OF CHHATTISGARH

MCRC/8408/2024 · 2025-01-02

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:236 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8408 of 2024 1. Prahlad Patel S/o Ratnu Patel Aged About 57 Years R/o Village Nimora, P.S. Dharsiwa, District Raipur, Chhattisgarh (In Jail). 2. Sunil Datt S/o Prahlad Patel Aged About 37 Years R/o Village Nimora, P.S. Dharsiwa, District Raipur, Chhattisgarh (In Jail) ... Applicants versus State of Chhattisgarh Through Station House Officer, Police Station Dharsiwa, District- Raipur, C.G. --- Respondent For Applicants : Mr. CR Sahu, Advocate. For Respondent/State : Ms. Pragya Shrivastava, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 02/01/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicants, who have been arrested in connection with Crime No.369/2024, registered at PS – Dharsiwa, District -Raipur, (C.G.), for commission of offence punishable under Section 302, 34 of the Indian Penal Code. 2. Case of the prosecution in brief is that on 16.06.2024, present applicants assaulted the victim Shyamsunder by means of stick and also strangulated him by cloth. Due to which, he has been died. Based upon report, FIR was registered against the applicants and they were arrested. 2 3. Learned counsel for the applicants submits that applicants have not committed any offence as alleged against them. There is no materials available on record to show that applicants were involved in the alleged crime/offence. Only on the basis of previous enmity, present applicants have been implicated in this case. Applicants are the only earning members in their family, they are in jail since 17.06.2024, 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 applicants and would submit that serious allegations have been levelled against the applicants, hence, they are not entitle for grant of bail. 5. Heard learned counsel for the parties. 6. Considering facts of the case, submissions of learned counsel for the parties, nature of allegations, the fact that present applicants have assaulted the victim by means of stick and also strangulated him by cloth, due to which, victim has been died, further considering that based on memorandum statements of the applicants one stick, which was used in commission of crime alongwith other articles were seized, I am not inclined to allow this bail application at this stage. 7. Accordingly, bail application is hereby rejected. Sd/- (Arvind Kumar Verma) Judge J.