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2025 DAILYLAW 49655 (CHH)

KAPOORCHAND SAO v. STATE OF CHHATTISGARH

MCRC/9446/2025 · 2025-11-20

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Judgment text

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1 2025:CGHC:56761 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9446 of 2025 Kapoorchand Sao S/o Purushottam Sao Aged About 29 Years R/o Village Devri, Police Station Basna, District – Mahasamund, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer Police Station Basna, District – Mahasamund, Chhattisgarh ... Non-Applicant For Applicant : Mr. Kishore Narayan, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 21.11.2025 1. This is the Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who have been arrested in connection with Crime No. 264/2024 registered at Police Station : Basna, District – Mahasamund, for the offence punishable under Section 304-B of Indian Penal Code (subsequently charges have been framed under Section 302 of IPC alternatively). 2. As per the prosecution story, the applicant demanded dowry of Rs.50,000/- in cash, and instead of a Splendor motorcycle, he demanded a more expensive motorcycle. Further allegations against the applicant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.21 16:47:32 +0530 2 are that he used social media platforms such as Instagram and WhatsApp to chat with another girl, and when his wife discovered these conversations and objected to them, the applicant pressed her neck, resulting in her death. On the basis of the aforesaid allegations, an offence was registered against the applicant, and he was arrested on 01.06.2024. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the first bail application was rejected by this Court vide order dated 03.10.2024 passed in MCRC No. 6839/2024 on merits. He further submits that out of 25 prosecution witnesses, statement of 05 witnesses have been recorded and it is stated that the applicant is in jail since 01.06.2024 and the charge-sheet has been submitted. Therefore, he prays that the applicant may be enlarged on bail. 4. On the other hand, the learned counsel for the State opposes the bail application and submits the first bail application was rejected by this Court vide order dated 03.10.2024 passed in MCRC No. 6839/2024 on merit, hence, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact and circumstances of the case and the fact that the first bail application was rejected by this Court on merits vide order dated 03.10.2024 passed in MCRC No. 6839/2024, and further that the trial is in progress and out of 25 prosecution witnesses, the statement of 05 witnesses have been recorded, and there is no new ground to entertain this bail application, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the second bail application of applicant – Kapoorchand Sao involved in Crime No. 264/2024 registered at Police Station : Basna, 3 District – Mahasamund, for the offence punishable under Section 304-B of Indian Penal Code (subsequently charges have been framed under Section 302 of IPC alternatively), is rejected. 8. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti