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2025 DAILYLAW 44811 (CHH)

SOMA RAM KORWA v. STATE OF CHHATTISGARH

MCRC/8417/2024 · 2025-01-08

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:1214 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8417 of 2024 1 - Soma Ram Korwa S/o Late Virjhu Aged About 50 Years R/o Sewari Khantagpara, P.S. Rajpur, District- Balrampur, Ramanujganj Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through- P.S. Rajpur, District- Balrampur, Ramanujganj Chhattisgarh. ... Respondent(s) For Applicant : Mr. Navneet Kumar Yadav, Advocate For Respondent(s) : Mrs. Pragya Shrivastava, Dy. G.A. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 08/01/2025 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 70/2024, registered at Police Station Rajpur, District-Balrampur, Ramanujganj (CG) for 2 the offence punishable under Section 302 read with Section 34 of IPC, 1860. 2. brief facts of the case is that on 13.02.2024, the complainant namely Prateem Adge who is son of the deceased lodged merg intimation report before the police station- Rajpur against the unknown person, stated that his father namely Regwa/deceased had gone outside his home and not returned. Thereafter during search of deceased they found dead body of the deceaed in open field/Sarso Badi. Therefore the police statin Rajpur has registered a case as Crime no. 70/2024 for offence punishable under Section 302 read with Section 34 of IPC against the unknown person and investigated the matter. 3. It was argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. He further contended that there is delay of 3 days in lodging FIR and without explanation of delay. There is no direct evidence against the applicant. The material witnesses have been examined before the Trial Court and they have turned hostile. The applicant is in jail since 16.02.2024. Also, the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned counsel for the State opposes the bail application and submits that there are 2 criminal antecedents of the accused. Therefore, he is not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that there are 2 criminal antecedents against the accused. Thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant-Soma Ram Korwa involved in Crime No. 70/2024 under Section 302 read with Section 34 of IPC at Police Station Rajpur, District-Balrampur, Ramanujganj, Chhattisgarh, is rejected. 7. However, this Court hopes and trusts that the Trial Court shall make earnest endeavour to conclude the trial expeditiously as soon as possible in accordance with law, if there is no legal impediment. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SD/- (Arvind Kumar Verma) JUDGE Madhurima