Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:1250
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 85 of 2025 Aman Ratre S/o Shri Rameshwar Ratre Aged About 26 Years R/o Vill- Bhadaura, Ps Tahsil- Masturi, Distt- Bilaspur (C.G.)
... Applicant(s) versus State Of Chhattisgarh Through P.S.-Masturi Dist. Bilaspur (C.G.)
... Respondent(s) For Applicant(s) : Mr. Anway Tiwari, Advocate For Respondent(s) : Ms. Monika Thakur, Panel Lawyer For Objector(s) : Mr. Aditya Khare, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 08.01.2025
1. This is the second bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 295/2024 registered at Police Station Masturi Dist. Bilaspur (C.G.) for the offence punishable under Sections 452, 294, 506, 307, 34 of the IPC.
2. Case of the prosecution, in brief, is that the complainant Varsha Rani Rathore reported to Masturi Police Station on 24.07.2024, that her father and six others were imprisoned for murder. Since then, she AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.09 19:59:09 +0530
2 lived in a rented house in Korba with her three children and mother. On the day of the incident, she was at home with her family when accused Aman Ratre, Ravishankar Suman, Babulal Suman, and Parvati Suman gathered near her house. Aman, intoxicated, entered her home with a sharp edged weapon i.e. axe and attacked her child, Om Rathore, inflicting severe head injuries. Varsha intervened, grabbing the axe, and her daughter Rajrani helped her escape with Om. They dialed 112 and reported the incident. Based on Varsha's report, accused Aman Ratre, Ravishankar Suman, Babulal Suman, and Parvati Suman were charged under IPC Sections 452, 294, 506, 307, and 34 and were arrested.
3. Learned counsel for the applicant submits that the first bail application was rejected vide order dated 23.10.2024 in MCRC No. 7393/2024 on merits. He further submits that co-accused, namely, Parwati Suman and Babulal Suman have already been granted bail by this Court vide
order dated 13.11.2024 in MCRC No. 7853/2024 and the case of the present applicant is similar to the case of the co-accused. Lastly, the applicant is languishing in jail since 25.06.2024. Hence, this second bail application for grant of bail to the applicant.
4. Learned State Counsel as well as learned counsel for the objector submit that the first bail application of the applicant was rejected on the ground that the applicant is said to have caused injuries by an axe on a 06 month old child, who received injuries on her head and the injuries were found to be grievous in nature, hence his bail application is liable to be rejected.
5. From perusal of the records, it transpires that this is the second bail
3 application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 23.10.2024 in MCRC No. 7393/2024 on the ground that the applicant is said to have caused injuries by an axe on a 06 month old child, who received injuries on her head and the injuries were found to be grievous in nature, the said fact has already been dealt by this Court while rejecting the first bail application, further, the submission made by the learned counsel for the applicant that co-accused, namely, Parwati Suman and Babulal Suman have already been granted bail by this Court vide order dated 13.11.2024 in MCRC No. 7853/2024, but the case of present applicant is distinguishable to that of the co-accused persons and no new ground has been raised in this present bail application to grant bail to the applicant.
6. On this ground alone, the second bail application of the applicant- Aman Ratre, involved ins Crime No. 295/2024 registered at Police Station Masturi Dist. Bilaspur (C.G.) for the offence punishable under Sections 452, 294, 506, 307, 34 of the IPC, is rejected at this stage.
7. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously.
8. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.
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Sd/-
(Ramesh Sinha)
CHIEF JUSTICE Akhil