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2025 DAILYLAW 45780 (CHH)

NEELAMBER SIDAR v. STATE OF CHHATTISGARH

MCRC/135/2025 · 2025-02-12

Shri Sachin Singh Rajput

body2025

Judgment text

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2025:CGHC:7572 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 135 of 2025 Neelamber Sidar, S/o. Late Gorango Sidar, aged about 21 Years, R/o Village Bhakurra, P.S. and Tahsil – Lailunga, District Raigarh, (C.G.) ---- Applicant (In Jail) Versus State of Chhattisgarh Through Officer-In-Charge PS- Lailunga, Distt. Raigarh (C.G.) ---- Respondent _____________________________________________________ For Applicant - Shri Ashutosh Mishra, Advocate. For Respondent/State - Shri Ankur Kashyap, Dy. Government Advocate. _____________________________________________________ Hon'ble Shri Justice Sachin Singh Rajput Order on Board 12-02-2025 1. Heard. 2. This is the second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant who is in jail in connection with crime No. 169 / 2022 registered at Police Station Lailunga, District - Raigarh for the offence punishable under sections 302 of the IPC. The first bail application being M.Cr.C. No. 10092 / 2022 was dismissed by this Court vide order dated 24-01-2023. 3. The case of the prosecution in brief, is that the deceased was administer poison ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.02.12 17:33:46 +0530 -2- by applicant. Thereafter she was taken to hospital where she revealed that the applicant forcefully gave poison to the deceased. Later on the deceased died in the hospital. Thereafter the report was made and investigation was initiated against the applicant and offence has been registered against the applicant. 4. Learned counsel for the applicant submits that the applicant is in jail since 26/06/2022 and till date only 03 prosecution witnesses have been examined. He submits that prosecution witnesses so examined, have not supported the case of the prosecution, and looking to the long detention period, the bail application may be allowed. 5. On the other hand, learned counsel for the State opposes the bail application. 6. Heard learned counsel for the parties and perused the documents. 7. After hearing counsel for the parties and considering the detention period of the applicant and also looking to the delay in trial, this Court is inclined to allow this bail application. Accordingly, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/- with one surety for the like sum to the satisfaction of the concerned trial court, with the following terms and conditions: (i) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; (ii) that the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; (iii) that the applicant shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (iv) that applicant shall not influence the witnesses or tamper with the evidence. -3- 8. The victim/complainant or State would be at liberty to move an application for cancellation of bail of the applicant if he violates any of the conditions as mentioned above. 9. Certified copy as per rules. Sd/- (Sachin Singh Rajput) Judge Ashish