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2025 DAILYLAW 48927 (CHH)

AJAY KSHEERSAGAR v. STATE OF CHHATTISGARH

MCRC/8029/2025 · 2025-10-29

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:53037 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8029 of 2025 1 - Ajay Ksheersagar S/o Late Ramesh Rai Ksheersagar Aged About 48 Years R/o Near Koteshwar Mandir, Kota, P.S. Saraswati Nagar, District- Raipur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station Saraswati Nagar, Raipur, District- Raipur (C.G.) ... Respondent(s) For Applicant(s) : Shri C.R.Sahu, Advocate For Respondent/State : Ms.Pragya Shrivastava, Dy.GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 30/10/2025 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. 113/2024 registered at police 2 station Saraswati Nagar, District Raipur (CG) for the offence punishable under Section 302 of IPC. 2. Prosecution case in brief is that on the date of incident, there was some family dispute between the applicant and on the date of incident, the deceased was abusing the applicant in filthy language and out of anger, the applicant assaulted with a wooden plank as a result of which he died. On the basis of the report made by the complainant, the applicant was arrested on 23.04.2024. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that he was not having any intention to kill the deceased and only out of anger, he assaulted him with the wooden plank and died. He submits that eight witnesses have ben examined out of 16 witnesses and they have turned hostile. He further submits that the applicant is in jail since 23.04.2024, the charge sheet has been filed and the trial is likely to take some time, he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 4. Learned counsel for the respondent/State opposed the bail application and submits that in the FSL report, the finger prints found on the weapon of offence contain human blood. 5. Heard counsel for the parties and perused the record. 3 6. On due consideration of the rival submissions and the fact that the material witneses have been examined and have turned hostile; the applicant is in jail since 23.04.2024, the charge sheet has been filed and looking to the fact that the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 8. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) He/she shall appear before the trial court regularly on each and every date, unless exempted from appearance. ii) He/she shall not make any attempt to tamper with the prosecution witnesses. Iii) the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet any other person concerned or attempt to ask for any favour in the trial directly or indirectly. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.11.01 16:20:09 +0530