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2025 DAILYLAW 45904 (CHH)

LALLA @ JAGENDRA v. STATE OF CHHATTISGARH

MCRC/8891/2024 · 2025-01-08

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:1194 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8891 of 2024 1 - Lalla @ Jagendra S/o Shivkumar Kurrey Aged About 21 Years R/o Gram - Khapri, Police Station - Nawagarh, District - Bemetara Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station - Fasterpur, District - Mungeli Chhattisgarh ... Respondent(s) For Applicant(s) : Dr. Arpit Lall, Advocate. For the State : Ms. Pragya Shrivastava, Dy. Govt. Advocate. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 08/01/2025 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.72/2024 registered at Police Station Fasterpur, District Mungeli (C.G.) for the offence punishable under Sections 109(1), 191(2), 191(3), 190, 61(2)(A) of BNS. NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.10 15:35:08 +0530 2 2. The case of the prosecution is that a report was lodged by one Narendra Patle stating that 25.08.2024 his elder brother Bhagbali Patle, Vakil Patle, Kaushal Patle, and sister-in-law Santoshi were standing in front of the house of his brother Makhan Patle in Gram - Gigtara. In the same time near to his house around 150 meters a scuffle was broke out and after hearing the noise of the scuffle he went there and saw that the accused persons namely Kejuram Patle, Toran Patle, Makhan, Rambali, Chitrekha, Rajini, Minakshi, Gaidlal @ Paklu and Lalla made the fatal attack on Bhagbali Patle, Vakil Patle, Kaushal Patle, and Santoshi with club due to which they received severe injuries. Accused Kejuram Patle drove his E-Series Tractor and crushed his brother Bhagbali Patle, due to which he was died on the spot. Vakil Patle, Kaushal Patle, and Santoshi were taken to the District Hospital, Mungeli where Doctors declared Vakil Patle dead. On the report of the complainant Police registered an offence under section 109(1), 191(2), 191(3), 190 61(2)(A) of BNS. 3. Learned counsel for the applicant submits that there is no interest of applicant on the disputed land and has falsely implicated in the present matter, there is property dispute between the brothers, present applicant is neither a family member nor he is associated with the accused persons, there is no involvement of the present applicant in the said offence, main accused Kejuram falsely mentioned the name of present applicant in his memorandum statement, applicant is in jail since 03/10/2024, hence he prays for release on bail to the applicant. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that in postmortem report the cause of death is hemorrhage due to multiple fracture and injury of 3 vital organ, there is eye witness Santoshi Patle, Kaushal Patle and Narendra Patle, hence, he is not entitled for grant of bail. 5. Heard learned counsel for both the parties. 6. Looking to the seriousness of the offence, it is a case of brought day light double murder, eye-witness in the present case and their statements recorded, 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 Lalla @ Jagendra filed under Section 483 of BNSS involved in Crime No.72/2024 registered at Police Station Fasterpur, District Mungeli (C.G.) for the offence punishable under Sections 109(1), 191(2), 191(3), 190, 61(2) (A) of BNS, is rejected. Sd/-d/- (Arvind Kumar Verma) JUDGE Kamde