1 2025:CGHC:53652 NAFR \HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8467 of 2025 • Sanjeev Bajpai @ Sunny S/o Vidyadhar Bajpai Aged About 38 Years R/o Devnandan Nagar Phase-02, Khamtarai Road, Near Songanga Colony, Police Station- Sarkanda, District Bilaspur C.G. ... Applicant versus • State Of Chhattisgarh Through - Station House Officer, Police Station- Sarkanda, District Bilaspur C.G. --- Respondent For Applicant : Mr. Virendra Verma, Advocate on behalf of Mr. Dharmesh Shrivastava, Advocate For Respondent/State : Mr. Vivek Sharma, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 03/11/2025 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.857/2023, registered at PS - Sarkanda, District Bilaspur C.G, for commission of offence punishable under Sections 302 of IPC. 2 2. Case of prosecution, in brief, is that on 26.06.2023, a merg intimation No. 57/2023 was registered in Police Station -Sarkanda by informant Vijay Sharma who reported that her sister Roma Bajpai was married with present applicant 04 years earlier. After marriage, his sister was residing in her matrimonial house, but the applicant who is a heavy drinker used to commit assault to his sister. Due to repeatedly dispute and quarrel, his sister came back to parental house and disclosed that she will not go to her matrimonial house as her husband is not trying to change. Present applicant came near the house of the informant and abused him and his brother Ajay Sharma in filthy languages and thereafter called brother of the informant Ajay Sharma near his own house and assaulted him by knife, due to which, Ajay Sharma received grievous injuries and succumbed to the injuries. On the basis of merg intimation, FIR was registered against the applicant for an offence punishable under Section 302 of Indian Penal Code. 3. Learned counsel for the applicant submits that present applicant is facing jail confinement since last 02 years, though out of 23 witnesses, 12 have been examined before the trial Court, but nothing could be established against the present applicant that he has committed the alleged offence/crime. Only on the basis of report lodged by brother of the diseased, the present applicant has been falsely implicated in crime in question. On the date of alleged incident, deceased himself went to the house of the present applicant with knife at about 12.30 am night and started quarreling 3 with him, this incident was reported to the complainant and his family members by father of the present applicant namely Vidyadhar which is evident from Para-2 of evidence of PW-1, thus, it is clear that the present applicant was not aggressor and there were neither any motive to cause death nor quarrel was started by him. There is no any other criminal antecedent against the applicant, he is in jail since 27.06.2023, conclusion of trial may take some time, hence, applicant may be released on bail. 4. Per contra, learned State Counsel opposing the bail application of the applicant. 5. Heard learned counsel for the parties. 6. Considering facts of the case, nature of allegations, submissions of learned counsel for the parties, the fact that present applicant has assaulted the deceased by means of knife, due to which, he received grievous injuries and, thereafter, succumbed to the injuries, further considering the material available in the charge- sheet against the applicant and evidence of the prosecution witness, 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/-