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2025 DAILYLAW 50614 (CHH)

KRIPARAM SIDAR v. STATE OF CHHATTISGARH

MCRC/7855/2025 · 2025-10-12

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:50991 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7855 of 2025 1 - Kriparam Sidar S/o Motiram Sidar Aged About 37 Years R/o Village Usraout, Tehsil And Distt. Raigarh, Chhattisgarh. 2 - Dileshwar Sidar S/o Motiram Sidar Aged About 42 Years R/o Village Usraout, Tehsil And Distt. Raigarh, Chhattisgarh. 3 - Satya Narayan Sidar S/o Motiram Sidar Aged About 26 Years R/o Village Usraout, Tehsil And Distt. Raigarh, Chhattisgarh. 4 - Laxmin Sidar W/o Dileshwar Sidar Aged About 38 Years R/o Village Usraout, Tehsil And Distt. Raigarh, Chhattisgarh. ... Applicants versus 1 - State of Chhattisgarh Through The Station House Officer, P.S. Kotra Road, Distt. Raigarh, Chhattisgarh. ... Respondent(s) For Applicants : Shri Kalpesh Ruparel, Advocate. For Respondent : Shri Akhilesh Kumar, Govt. Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 13.10.2025 1. This is first bail application seeking grant of bail to the Applicants who are in jail since 15.06.2025 in connection with Crime No.264/2025 registered at Police Station Kotra Road, District Raigarh for the offence punishable under Sections 103(1), 238 and 3(5) of BNS, 2023. 2. The case of the prosecution is that on 03.06.2025 there was a dispute between the deceased Jaleshwar Sarathi and his neighbour Dileshwar 2 on the issue of borrowing the motor cycle of Dileshwar. In between that the co-accused Satya Narayan assaulted the deceased by axe in the house of Dileshwar by which he received multiple injuries on his head and ultimately died. For causing disappearance of the evidence, the other accused persons thrown the dead body near canal and co- accused Kishan Sidar was asked to wash the blood stains by using his sprinkler machine. On the next day when Kishan Sidar was washing the blood stains he was being seen by other witnesses and then the death of the deceased was disclosed and Merg was reported. In the post mortem, the death of the deceased was found to be homicidal due to head injury. The accused persons were arrested and charge-sheet was filed. 3. Learned Counsel for the applicants would submit that there is no eyewitness to the incident. FIR has been lodged after 10 days of incident. The dead body of deceased was found near Canal and in the postmortem report the doctor has opined that injuries found on the body of deceased could have been caused by falling from high platform to the ground. There is no other clinching evidence against the applicants that they have committed the murder of deceased. Therefore, the applicants may be released on bail as final adjudication may take sometime. 4. On the other hand the counsel for the State opposes the bail application and have submitted that during investigation the memorandum statement of the accused persons have been recorded in which they disclosed about the incident. From the accused Satyanarayan, bloodstained Axe has been seized. It is alleged that when scuffling was going on between Dileshwar Sidar and the 3 deceased, the applicant Satyanarayan caused injury by Axe on account of which the deceased died and then the accused persons thrown the dead body near canal. Thus, there is sufficient material against the applicants that they are involved in the alleged offence and therefore they are not entitled for bail. 5. Considering the submissions made by the counsel for the parties, the nature of allegation and material collected during investigation; considering the evidence with respect to involvement of the applicants in the offence and that initially the scuffle was going on between the applicant Dileshwar Sidar & deceased and further the allegation of assault made by the applicant Satyanarayan from whom bloodstained Axe has been seized, I am not inclined to release the applicants on bail. 6. Accordingly, the application of applicants for grant of bail is rejected. Sd/- (Ravindra Kumar Agrawal) Judge inder