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2025 DAILYLAW 45662 (CHH)

MEELARAM GOND v. STATE OF CHHATTISGARH

MCRC/9007/2024 · 2025-01-06

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:799 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9007 of 2024 1 - Meelaram Gond S/o Shri Aghnu Ram Gond Aged About 34 Years R/o Vill - Katwajhar, P.S And Tah. Kasdol, Dist- Baloda Bazar- Bhatapara (C.G.) 2 - Dhaniram Dhruw, S/o Shri Panchram Dhruw Aged About 34 Years R/o Vill - Katwajhar, P.S And Tah. Kasdol, Dist- Baloda Bazar- Bhatapara (C.G.) 3 - Ramlal Gond S/o Shri Aghnu Ram Gond Aged About 40 Years R/o Vill - Katwajhar, P.S And Tah. Kasdol, Dist- Baloda Bazar- Bhatapara (C.G.) 4 - Ravishankar S/o Roop Singh Aged About 19 Years R/o Vill - Katwajhar, P.S And Tah. Kasdol, Dist- Baloda Bazar- Bhatapara (C.G.) 5 - Ramnarayan Gond S/o Malikram Gond Aged About 34 Years R/o Vill - Katwajhar, P.S And Tah. Kasdol, Dist- Baloda Bazar- Bhatapara (C.G.) 6 - Rishi Kumar Gond S/o Garjan Singh Gond Aged About 45 Years R/o Vill - Katwajhar, P.S And Tah. Kasdol, Dist- Baloda Bazar- Bhatapara (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through- Police Station Kasdol, Distt- Baloda Bazar- Bhatapara (C.G.) ... Respondent(s) 2 For Applicants : Mr. Ravindra Sharma, Advocate For Respondent(s) : Ms. Laxmeen Sahu, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma Order on Board 06/01/2025 1. This is the first bail application filed under Section 483 of the B.N.S.S. for grant of regular bail to the applicants who have been arrested in connection with Crime No. 318/2024 registered at Police Station Kasdol, District Balodabazar Bhatapara (C.G.), for the offence punishable under Sections 191(2), 191(3), 103(1) of BNS, 2023. 2. As per the prosecution story, on 09.08.2024 the complainant Sahil Thakur, S/o Late Jaynarayan Thakur lodged the complaint stating that the last rituals of elder brother of his father was fixed for 02.08.2024 at Village- Bakla where some dispute arose between his father/deceased Jaynarayan Thakur and Shivnath Thakur for taking food and because of dispute Shivnath has refused to take food, thereafter they returned their home. That on 09.08.2024 at about 8:00 pm the complainant’s elder father Shivnath Thakur has started quarrel with my father because of previous dispute and used the filthy language against him and when the father of the complainant oppose the same the elder father of the complainant Shivnath Thakur, his son Arun Thakur and his wife Uttara Thakur and other villagers with common intention caused the injury to his father with wooden stick, hand and globs and stone as a result he received grievous injury in his head, face and other vital parts of the body 3 and he died on the spot thereafter the co-accused and present applicants ran away from the spot. 3. Learned counsel for the applicants contended that the applicants are innocent and they have been falsely implicated. No case is made out against the applicants because the prosecution has failed to produce any evidence regarding involvement of the applicants in commission of offence except their name in the FIR. 4. Learned State counsel opposes the submission made by the counsel for the applicants. 5. I have heard learned counsel for the parties and perused the record with utmost circumspection. 6. A perusal of the original criminal case also shows that a named report has been filed against the applicants. The involvement of the accused in the crime is being shown. The offence of Section 103(1) of BNS is an offense of serious nature. 7. Therefore, considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy 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 applicants- Meelaram Gond, Dhaniram Dhruw, Ramlal Gond, Ravishankar, Rramnarayan Gond, Rishi Kumar Gond involved in Crime No.318/2024 under Sections 191(2), 191(3), 103(1) of BNS, 2023 at Police Station Kasdol, District- Baloda Bazar- Bhatapara (C.G.), is rejected. 8. However, this Court hopes and trusts that the Trial Court shall make earnest endeavour to conclude the trial expeditiously 4 preferably within a period of 8 months from today in accordance with law, if there is no legal impediment. 9. 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