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2025 DAILYLAW 46301 (CHH)

AMAN RAMTEKE v. STATE OF CHHATTISGARH

MCRC/9097/2024 · 2025-01-13

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:2089 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9097 of 2024 1 - Aman Ramteke S/o Jyoti Kumar Aged About 21 Years R/o Amapara, Balod, District- Balod, C.G. ... Applicant versus 1 - State Of Chhattisgarh Through - P.S.- Balod, District- Balod, C.G. ... Respondent(s) For Petitioner(s) : Shri Hemant Gupta, Advocate For Respondent/State : Ms. Pragya Shrivastava, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 13/01/2025 The applicant has filed this bail application under Section 483 of the Bhartiya Nagrrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 430/2024 registered at police station Balod (CG) for the offence punishable under Sections 109, 3(5) and 103 of BNS. 2 2. As per prosecution case, on 15.08.2024, victim Umesh Dugga was assaulted by the co-accused persons with knife on his thigh and during treatment he died. FIR was registered against the applicant and other co-accused persons for the offence under Sections 109, 3(5) and 103 of the BNS 3. Learned counsel for the applicant would submit that he has been falsely implicated and that he has not assaulted the victim and there was no any intention on the part of the applicant to cause injury to the victim. He further submits that he had assaulted with hands and fists and nothing has been seized from the applicant. He submits that the injuries inflicted on the body of the deceased were not grievous in nature. He submits that similarly placed co-accused has been granted bail by the trial court vide order dated 13.12.2024 and therfore he may be granted the benefit. Lastly, he submits that the applicant is in jail since 16.08.2024, the charge sheet has been filed and the trial will take time to conclude thus he would pray for grant of bail. 4. On the other hand, learned counsel for the State would oppose the bail application and submits that the applicant is having one criminal antecedent against him under Sections 294,506 and 323/34 IPC and therefore the applicant is not entitled for grant of bail. 5. I have heard counsel for the parties and perused the case diary. 6. From the perusal of the case diary, it appears that some quarrel took place between the applicant, co-accused and the victim and during the said scuffle, he assaulted with hands and fists. Considering the 3 facts and circumstances of the case and also looking to the fact that similarly placed co-accused have been granted bail by the trial court, court, I am inclined inclined to allow this application. Accordingly, the application filed under Section 483 of the BNSS by the applicant for grant of regular bail is allowed. 7. It is directed that in the event of each of the applicants executing a personal bond for a sum of Rs.10,000/- with one surety each in the like sum to the satisfaction of the concerned Trial Court, the applicant shall be released on bail, on following conditions :- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii)he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii)he shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial, (iv)he shall not involve himself in any offence of similar nature in future. 8. The observation made in the course of this order are only for considering the case of applicant on the application for grant of regular bail. The concerned trial Court shall not be influenced or bound by the observation made in the course of this order. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.01.14 07:14:09 -0500