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2025 DAILYLAW 46044 (CHH)

SHANKAR SHASHTRI v. STATE OF CHHATTISGARH

MCRC/8966/2024 · 2025-01-03

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:482 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8966 of 2024 Shankar Shashtri S/o Shri Jagjeevan Shashtri Aged About 38 Years R/o Village- Dumuhani Para Dheka, lalkhadan, P.S- Torwa, District : Bilaspur, Chhattisgarh ... Petitioner(s) versus State of Chhattisgarh Through- Police Station- Baloda, District- Janjgir- Champa, C.G. --- Respondent For Applicant : Mr. Ravindra Sharma, Advocate For Respondent/State : Mr. Pramod 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.420/2023, registered at PS - Baloda, District- Janjgir- Champa, C.G, for commission of offence punishable under Section 302, 201 of the Indian Penal Code. 2. Case of the prosecution in brief is that on 25.12.2024, present applicant has assaulted the deceased Churawan Sao by means of stone, due to which, he died. Appellant has also tried to disappear the evidence. Based upon report lodged by brother of the 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 2 against him. There is no material/evidence available to connect to the applicant in the alleged crime/offence. There is no any eye-witness to the incident and further dead body of the deceased was recovered from the open place. Present applicant has been made accused in this case only because his auto was found on the spot. Material witnesses have been examined before the trial Court and they have not supported the case of prosecution. There is no any other criminal antecedents against the applicant. Applicant is in jail since 28.12.2023, 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, statements of the prosecution witnesses recorded under Section 161 & 164 of Cr.PC and further considering that blood stains found on the stone, 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 expeditiously as soon as possible. 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.