1 2025:CGHC:2328 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8608 of 2024 1 - Aslal Kurre S/o Shri Samokhan Kurre Aged About 21 Years R/o Behind Lavkush Furniture, Near Hanuman Mandir Talab, Gondwara Police Station Khamtarai, District, Raipur, Chhattisgarh. ... Appellant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Khamtarai, District Raipur, Chhattisgarh. ... Respondent(s) For Applicant : Shri Hemant Kumar Sahu, Advocate. For Respondent : Shri Jitendra Shrivastava, Govt. Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 14.01.2025 1. This is first bail application seeking grant of bail to the Applicant who is in jail since 23.05.2023 in connection with Crime No.441/2023 registered at Police Station Khamtarai, District Raipur, for the offence punishable under Sections 302, 201 and 34 IPC. 2. As per prosecution case, on 22.05.2023 at about 16:05 hours one Kamal Kurre gave a merg intimation that one unknown deadbody is lying near electricity office at village Gondwara, Raipur. The police registered merg intimation and started investigation. On postmortem, certain injuries were found on the body of deceased and doctor has opined that cause of death is antemortem injuries on forehead caused 2 by heavy and blunt object which is sufficient to cause death in ordinary course. The offence has been registered under Sections 302, 201, 34 of IPC and during investigation, on the basis of memorandum statement of the applicant and other co-accused persons, mobile phone of the deceased was seized from the co-accused Sanjay Kurre, bloodstained stone has been seized from Bhupendra and full-pant of deceased was seized near Hanuman Mandir, as well as the clothes of the appellant has also been seized. The applicant was arrested on 23.05.2023 and after completion of investigation, charge sheet was filed. 3. Learned Counsel for the applicant would submit that except memorandum statement, there is no other cogent and clinching evidence against the applicant to connect him with the offence. The memorandum and seizure witnesses have not duly supported the prosecution’s case. Till date 11 witnesses have been examined and further there is no considerable progress in the trial of the case. No weapon of offence has been seized from the applicant and there is discrepancies in the memorandum statement of the applicant as well as the memorandum statement of other co-accuse persons with respect to commission of the offence. The co-accused namely Sanjay Kurre @ Sanju and Bhupendra Banjare @ Bakhla have already been granted bail by this court vide order dated 03.12.2024 passed in MCRC No.7981 of 2024 and MCRC No. 8092 of 2024. The case of present applicant is also identical with their case and applicant is also entitled for bail. Therefore, the applicant may be released on bail as final adjudication may take sometime. 3 4. On the other hand the counsel for the State opposes the bail application and have submitted that from the memorandum statement of the applicant as well as other co-accused persons it is clear that present applicant is also involved in assaulting deceased by stone. He has thrown the full pant of the deceased near Hanuman Mandir which was seized on his memorandum. In the full pant of deceased seized at the instance of applicant, as well as in the clothes of applicant, human blood was found in FSL report. Further, out of 17 witnesses, 11 witnesses have already been examined and trial of the case is at fag end therefore the appellant is not entitled for bail. 5. Considering the submissions made by the counsel for the parties, considering the nature of allegations and material collected during investigation; the fact that human blood was found on the clothes of applicant as well as in the full pant of the deceased seized near Hanuman Mandir at the instance of applicant and also considering the fact that trial is at fag end as out of 17 witnesses 11 witnesses have already been examined, I am not inclined to release the applicant on bail. 6. Accordingly, the application for grant of bail is rejected. Sd/- (Ravindra Kumar Agrawal) Judge inder