Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:237 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8469
of 2024
Egal Patel S/o Dhanaram Patel Aged About 32 Years Resident of Village Charoda, Police Station Fingeshwar, District : Gariyabandh, Chhattisgarh
... Applicant versus State of Chhattisgarh Through- Station House Officer, Police Station Fingeshwar, District : Gariyabandh, Chhattisgarh. --- Respondent For Applicant
: Mr. PK Kashyap, Advocate. For Respondent/State : Mr. Pramod Shrivastava, Dy. GA. 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 applicant, who has been arrested in connection with Crime No.367/2023, registered at PS – Fingeshwar, District -Gariyaband, (C.G.), for commission of offence punishable under Sections 302 & 307 of the Indian Penal Code. 2. Case of the prosecution in brief is that present applicant have assaulted her father and grandmother (Ghanaram Patel & Basanta Bai Patel) by means of stick and sickle (हँसिया), due to which, they sustained grievous injuries and succumbed to the injuries. Based upon report, FIR was registered against the applicant and he has been arrested. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. Out of 29 witnesses, 10 material and seizure witnesses have
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beene examined before the trial Court and they have not supported the case of prosecution. There is no material available on record to connect the applicant in the alleged crime/offence. Applicant is in jail since 14.11.2023, charge-sheet has been filed, conclusion of trial may take some time, hence, they may be released on bail. 4. Learned State Counsel opposes the submission of learned counsel for applicant and would submit that serious allegations have been levelled against the applicant, hence, he is not entitled 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, statements of prosecution witnesses ie PW- 1 to PW-10, the fact that this applicant has assaulted her father and grandmother (Ghanaram Patel & Basanta Bai Patel) by means of stick and sickle (हँसिया), due to which, they sustained grievous injuries and died, further considering that post-mortem report shows homicidal death of Ghanaram Patel & Basanta Bai Patel, it is case of double murder and specific evidence/material available against the applicant, I am not inclined to allow this bail application at this stage. 7. Accordingly, bail application is hereby rejected. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible, if there is no legal impediment. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information/compliance. Sd/- (Arvind Kumar Verma)
Judge J.