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2025 DAILYLAW 46167 (CHH)

KAMESH @ GOLU BANJARE v. STATE OF CHHATTISGARH

MCRC/28/2025 · 2025-01-09

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:1421 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 28 of 2025 1. Kamesh @ Golu Banjare S/o Shri Chandresh Banjare Aged About 22 Years R/o Village Giroud Police Station Dharsiwa District Raipur (CG). 2. Sagar Yadav S/o Hemant Yadav Aged About 21 Years R/o. Princ Colony, Durgapara, Santoshi Nagar, Raipur Police Station Tikrapara, Tahsil And District Raipur (C.G.) ... Applicants versus State of Chhattisgarh Through Police Station -Dharsiva, District -Raipur (C.G.) --- Respondent For Applicant : Mr. D. Kushwaha, Advocate. For Respondent/State : Ms. Prayga Shrivasta, Dy. GA. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 09/01/2025 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.432/2024, registered at PS - Dharsiva, District -Raipur, Chhattisgarh, for commission of offence punishable under Sections 140(1), 103(3), 283, 61 & 3(5) of the BNS. 2. As per case of the prosecution, present applicants alongwith other co- accused persons have abducted the Likesh Patel (deceased) and thereafter killed him. Based upon report, aforementioned crime/offence has been registered against the applicants. 2 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. There is no any specific evidence/material available to connect this applicant in the alleged offence/crime. As per opinion of the doctor, deceased was died due to cardiac arrest and not by the assault made by the applicants. There is no any other criminal antecedents against the applicants, they are in jail since 31.07.2024. Conclusion of trial may take some time, hence, applicants may be released on bail. 4. Per contra, learned State Counsel opposes the bail application and submits that serious allegations have been levelled against the applicants, hence, they are not entitled for grant of regular bail. 5. Heard learned counsel for the parties. 6. Considering facts of the case, nature of allegations, submission of learned counsel for the parties, statements of the prosecution witnesses, further considering that based on the memorandum statement of the applicants knife was recovered in which blood stains was found, I am not inclined to allow this bail application. 7. Accordingly, bail application is hereby rejected. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.