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2025 DAILYLAW 45867 (CHH)

SOURABH UPADHYAY v. STATE OF CHHATTISGARH

MCRC/9019/2024 · 2025-01-06

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:805 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9019 of 2024 1 - Sourabh Upadhyay S/o Arun Upadhyay, R/o Karan Nagar, New Changorbhatha, P.S. D.D. Nagar, District- Raipur Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through - Station House Officer (S.H.O.) P.S. D.D. Nagar, District Raipur Chhattisgarh ... Respondent(s) For Applicant(s) : Shri Devershi Thakur, Advocate. For the State : Shri Pranjal Shukla, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 06/01/2025 1. The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.513/2022 registered at Police Station D.D. Nagar, District Raipur (C.G.) for the offence punishable under Section 302 of IPC. 2. Case of the prosecution in brief is that on 20.10.2022 at around 12:52 PM, one Manish Jaiswal (land lord) informed the complainant Vivek Pandey telephonically that the applicant Sourabh Upadhyay NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.08 11:29:04 +0530 2 (Brother-in-law of the complainant) has assaulted his mother Rama Pandey and sister Manisha Upadhyay with an iron rod and that the both are laying bleeding in the gallery, where he reached and informed the police. On the basis of the information, Merg No. 79/22 and 80/22 was recorded pertaining to the death of the deceased's and thereafter Crime No. 513/22 was registered against the applicant, with allegations of assaulting his own wife and mother in law to death. 3. Learned counsel for the applicant submits that out of 17 witnesses 7 witnesses have been examined and none of the witnesses have stated anything against the present applicant, eye-witness who is daughter of the deceased had also denied the involvement of the applicant, charge-sheet has been filed, applicant is in jail since 20/10/2022, therefore, he may be released on bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that offence committed by applicant is of grievous nature. Hence, he is not entitled for grant of bail. 5. Heard learned counsel for both the parties. 6. Considering the entire facts and circumstances of the case, the involvement of the applicant as reflected, the evidence collected by the prosecution and the gravity of the crime, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant Sourabh Upadhyay filed under Section 483 of BNSS involved in Crime 3 No.513/2022 registered at Police Station D.D. Nagar, District Raipur (C.G.) for the offence punishable under Section 302 of IPC, is rejected. 8. However, the trial Court is directed to expedite the trial as early as possible and preferably within a period of six months. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) JUDGE Kamde