1 2025:CGHC:834 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 23 of 2025 • Gopal @ Bhuru Tandi S/o Aalesh Tandi Aged About 19 Years R/o Kaling Nagar, Near Yuvraj Petrol Pump, Gudhiyari District Raipur (C.G.) ... Applicant versus • State of Chhattisgarh Through - Station House Officer, Police Station Amanaka Dist- Raipur (CG) ... Respondent For Applicant : Mr. Harpreet Singh Ahluwalia, Advocate For State : Mr. Ajit singh, GA Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 07/01/2025 1. This is the second application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.349/2019 registered at Police Station Amanaka, District Raipur (C.G) for the offence under PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.01.07 16:36:17 +0530 2 Sections 302, 201, 120 & 34 of the IPC and Sections 25 & 27 of the Arms Act. 2. The earlier bail application of the applicant was dismissed as withdrawn vide order dated 18.08.2023 passed in MCRC No.4573/2023. 3. Prosecution case, in brief, is that a dead body was found in a jute bag in the Kharun River at Village Chandanidih. During investigation, the accused was apprehended and in his memorandum statement, it has been revealed that the present applicant along with the juveniles in conflict with the law, in furtherance of a common intention, in a planned manner, committed murder of deceased Krishna Soni by inflicting knife injuries and hid the dead body and thereafter, threw the same in the Kharun River at Village Chandanidih. Based on such information, the aforesaid offence has been registered. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that the applicant is in jail since 19.11.2019 i.e. for more than 5 years and conclusion of trial is likely to take considerable time. He further submits that out of 23 witnesses, only 5 witnesses have been examined till so far. He would further submit that the memorandum witness (PW-3) has also not supported the case of the prosecution and there is also delay in trial, therefore, considering all these aspects, the applicant may be enlarged on bail. 5. Per contra, learned counsel for the State opposes the bail application. He draws attention of this Court towards the statement of PW-3, who stated that the present applicant was actively involved in the aforesaid crime. 3 He would further submit that the appreciation of evidence is not required at this juncture, therefore, he prays to dismiss the application. 6. Having considered the submissions of both the parties and particularly considering the statement of PW-3 and further considering the gravity and nature of the offence, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application is dismissed. However, it is expected that the concerned trial Court shall proceed in the matter in de die in diem manner. Counsel for the State is also directed to apprise the concerned Superintendent of Police to ensure presence of the witnesses on the given dates. Sd/- (Deepak Kumar Tiwari) Judge Priyanka