Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 45979 (CHH)

DEEPNARAYAN SARAS v. STATE OF CHHATTISGARH

MCRC/8937/2024 · 2025-01-03

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:481 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8937 of 2024 Deepnarayan Saras S/o Sukrit Aged About 38 Years R/o Village Churunda Police Station Chando Distt : Balrampur - Ramanujganj (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer Police Station Chando District - Balrampur Ramanujganj (C.G.) --- Respondent For Applicant : Mr. Shakti Raj Sinha, Advocate For Respondent/State : Ms. Pragya Shrivastava, Dy. GA. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 03/01/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.4/2024, registered at PS - Chando District - Balrampur Ramanujganj (C.G.), for commission of offence punishable under Section 302 of the Indian Penal Code. 2. Case of the prosecution in brief is that present applicant has assaulted her mother Subchani Bai by means of axe, due to which, she suffered grievous injury in her neck and died. Based upon report lodged by daughter of deceased, aforementioned crime/offence was registered against the applicant. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. Due to previous dispute, complainant has lodged false 2 report against the applicant. There is no material/evidence available to connect to the applicant in the alleged crime/offence. Ten prosecution witnesses have been examined before the Court, but none of them has levelled any allegation against the applicant. There is no any other criminal antecedents against the applicant. Applicant is in jail since 28.02.2024, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that there is specific allegation against the applicant of committing the alleged offence/crime, hence, he is not entitled for grant of regular bail. 5. Heard learned counsel for the parties. 6. Considering facts of the case, submissions of learned counsel for parties, nature of allegations, the fact complainant Tinu Narayan Saras is real sister of present applicant and there is no evidence/material which shows that she lodge false report against her own brother, further considering evidence of PW-3/Namita Saras (sister of appellant) who stated that she saw the alleged incident, I am not inclined to allow this bail application. 7. Accordingly, bail application is hereby rejected. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 8. 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 J.